Terms of use

Effective date: August 1, 2023

VYTVORY - Terms of use

Please read these terms of use (“terms”) carefully before using the product platform.

You are reading these Terms because you are using the VYTVORY website (vytvory.ua or vytvory.com) and the Platform's social media pages, all of which are part of the VYTVORY Platform (the "Platform").

You may access the Platform through a computer, mobile phone, tablet or other technology, which we refer to herein as a "Device". Your network operator's normal rates and fees apply to connecting your Device to the network and using it on the network.

These Terms constitute a legally binding agreement between you and the VYTVORY Platform (which we may refer to as the "Platform", " VYTVORY", "we", "us" or "our") with respect to your use of the Platform. The VYTVORY platform is represented by legal entities from the following list:

Private Entrepreneur Dmytruk Liudmyla.

A few important points:

Our terms of use may change. We may update these Terms from time to time. If a material change is made, we will post a notice on the Platform. Please read the terms updates carefully and if you do not agree with them, stop using the Platform. If you continue to use our Platform after we post changes to the Terms, you will be deemed to have accepted the updated Terms, except as prohibited by applicable law.
Terms of sale. By placing any order for our services on the Platform, you also agree to the Terms of Sale.
Privacy Policy. Our Privacy Policy describes the collection and use of personal information on the Platform and applies to your use of the Platform. By using the Platform, you also agree to the Privacy Policy.

1. Ground rules

1.1 Eligibility

You have the right to use the Platform only if you are of legal age in your country.

1.2 Rules for registration

When you use the Platform or register an account with us, you accept the following rules:

Truthfulness: You provide only accurate and up-to-date registration information.
Authenticity: You provide only your real personal data - full name. Do not register more than one account on the Platform, or register an account on behalf of someone else, or transfer your account to anyone else.
Security: You keep your username, password and other credentials for logging into the Platform in a safe place and do not allow anyone else to use your account.
Responsibility: You will notify us immediately of any unauthorized use of your account on the Platform. You are personally responsible for everything that occurs through your account on the Platform, with or without your permission. To the fullest extent permitted by applicable law, the Platform shall not be liable for any losses or activities caused by any unauthorized use of your account.

Your violation of any of these registration rules, or parts thereof, is a ground for the deletion of your account and the cancellation of your orders, with no refund of the orders paid by you.

1.3 Decent use of the Platform

The VYTVORY Platform is intended solely to provide paid services (manufacturing on demand customized products) directly to the end users (customers). Use of the Platform in any other way and/or for any other purpose is prohibited. In particular, but not limited to, it is prohibited to use the Platform to: make sketches or images of customized products for any private, public and/or commercial use in all countries of the world.

2. Ownership of content

Except for User Content (defined below), all content on our Platform - including trademark, embroidery patterns, decoration patterns, samples, layouts and mockups, photographic reproductions, text, software, scripts, code, design, graphics, photographs, sounds, music, videos, programs, interactive features, articles, news, sketches, animations, stickers, general illustrations and other content and combinations of all of the above ("Content") - belongs to the VYTVORY Platform or other persons from whom we have obtained appropriate licenses for the Content. Without exception, all Content on the Platform is protected by copyright, trademark, patent and other laws. The Platform reserves all rights not expressly described in these Terms.

All trademarks for names and marks (such as the name VYTVORY and the trademark) are owned by the Platform, duly registered and/or licensed. You do not acquire a license or any ownership rights or any rights to use any trademarks, names and marks through your access to or use of the Platform or Content.
You agree not to restrict, change or remove any notices of ownership of materials downloaded or printed from the Platform or customized on the Platform.
To the extent that the Platform permits the downloading or use of Content that is copyrighted or contains copyrighted works, the Platform grants you a non-exclusive license for personal use without the right of public use, without the right of commercial use, without the right to transfer to third parties, without the right granting a sublicense and only for the intended use and only for as long as the Platform makes such Content publicly available. You do not acquire any ownership rights in the Content (including any trademarks, images, decoration combinations, or other intellectual property included in the Content) and all such Content is for your personal (non-public and non-commercial) use. The Platform reserves the right to monitor your use and to modify or terminate this license or your access to the Content at any time and for any reason. The Platform reserves the right to remove any Content that violates these terms or the intellectual property rights of the Platform. The Platform's permission for such limited use does not constitute a waiver of any rights the Platform has in the Content.
Except for the specific usage rights granted to you by the Platform, you agree not to use, copy, edit, translate, display, distribute, modify, crop, cut, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you lawfully post on the Platform, which includes but is not limited to: Names you enter, or Nicknames that may be entered in the "Tag" section of the Site), without the prior written consent of the Platform. Unauthorized use of the Content may violate copyright, trademark or other intellectual property laws and may subject you to criminal or civil liability and penalties.

3. User content on the Platform

3.1 User Content License

Some parts of the Platform may allow you to post photos, videos, comments and other content, which we refer to as "User Content". The Platform is not responsible for user content posted by others on the Platform. User Content is owned by you or whoever created it, but when you post User Content, you grant the Platform a license to use your content as described below:

You represent that you have the right to post your User Content, and you grant the Platform a non-exclusive, perpetual, royalty-free, worldwide license to use any of your User Content that you post on the Platform, including images and the names and nicknames of any person, that appear in User Content, or any concepts or ideas contained in User Content, for any purpose, including public and commercial use, including the right to translate, display, reproduce, modify, create derivative works, sublicensing, public distribution and the right to transfer these rights. The Platform may, in its sole discretion, remove any User Content at any time.
You understand that deleted User Content may be stored in the Platform's systems and archives and on the Platform if your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant person requests by official letter the deletion or blocking of personal data in compliance with current legislation.

3.2 License to Use Comments, Feedback and Ideas

You understand that any comments, feedback or ideas you submit to us are provided on a non-confidential basis and you grant the Platform a perpetual, worldwide license to use any comments, feedback or ideas you may share with us without notice, compensation or acknowledgment to you for any purpose, including but not limited to the development, production and marketing of products and services, and the creation, modification or improvement of products, services and any content.

4. Ethical behavior of the user

We're excited to have you all contribute to the Platform community, here are some ground rules:

4.1 Authenticity

Be yourself, do not pretend to be any other person or organization or Platform employees.
Post User Content to the Platform only if you have all permissions and rights necessary to make that User Content available, including from any third parties that appear or are referenced in your User Content.

4.2 Security

Do not do anything that may expose the Platform or its users to any risk of harm, including those which may disrupt, damage, disable, alter, overburden or limit the functionality of the Platform.
Do not post User Content that contains software viruses, programs or other computer code, or circumvent or modify any Platform software or security technology.
Do not use any data mining, robots, scraping or similar data gathering methods.
Unless we specify otherwise, our Platform is a public place. Do not publish personal information on the Platform - your own or someone else's.

4.3 Liability

Do not post any advertising or commercial content on the Platform or accept payment from a third party in exchange for performing commercial and/or public activities on the Platform.
Do not collect or solicit personal information from other users of the Platform or send unsolicited messages.
Do not use automated technologies to interact with the Platform.
Do not post User Content, link to the Website or do anything that is illegal, misleading, malicious, offensive, inaccurate, discriminatory or otherwise objectionable or inappropriate or that violates any applicable laws. The Platform has the right to preview, monitor or remove User Content, but we have no obligation to do so.

5. Copyright infringement

Please consult your legal advisor before filing a notice with us because there may be penalties for false claims. The Platform may terminate the accounts of users of the Platform who infringe the copyrights of third parties.

If you believe that your work has been improperly copied on the Platform in violation of your copyright, please provide us with the following information:

(1) the name, address, telephone number, e-mail address, and electronic or physical signature of the copyright owner or a person authorized to act on his behalf;

(2) a description of the copyrighted work that you claim has been infringed;

(3) a description of where the content that you believe is infringing is located on the Platform;

(4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(5) your statement, under penalty of perjury (depending on applicable law), that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Send complaints about copyright infringement to the address:

Ukraine, Kyiv, 03083, mailbox #21, tel.: (098)016-58-58, e-mail: vytory.ua@gmail.com

6. Partners on the Platform

From time to time, the Platform may link to or partner with third-party websites, social media platforms, mobile applications and other products and services ("Third Parties"). You may contact these Third Parties through the Platform, but this does not mean that the Platform endorses, monitors or has any control over these Third Parties or their activities, which are subject to separate terms of use and privacy policies. You should carefully review any third-party sites' terms of use and privacy policies. The Platform is not responsible for the content, policies or activities of Third Parties, and you interact with Third Parties at your own risk.

7. Important disclaimers

The Platform, the Content, and the materials, services and products on this Platform are provided "As is". We make no promises of any kind, including as to accuracy, adequacy, usefulness, reliability or otherwise. To the maximum extent permitted by applicable law, the Platform is not liable for any User Content posted on the Platform.
We do not guarantee that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that the Platform is free of viruses or anything else harmful.
To the fullest extent permitted by law, the Platform disclaims all warranties, express or implied, with respect to the Platform, the Content, user content and any products or services you may obtain or access through the Platform, including but not limited to implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
You are solely responsible for any damage caused to your Device as a result of accessing the Platform, unless otherwise provided by applicable law.
We hope you enjoy and benefit from the Platform; however, we do not guarantee any results.

8. Termination

The Platform may discontinue or change any part of the Platform, its customized products or services at any time without notice.

The Platform may terminate or suspend your account, delete your profile or any data stored by you, and restrict your use of all or any part of the Platform at any time and for any reason without any liability for it.

These Terms will survive even after your account is terminated or you stop using the Platform.

9. Indemnification and Limitation of Liability

We want you to enjoy our Platform, but we also need to protect ourselves from any harm you may cause.

9.1 Indemnification

You agree to indemnify, defend, and hold harmless the Platform, its affiliates, officers, directors, employees, agents, licensors and suppliers (the “Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Platform.

9.2 Limitation of Liability

The Platform and nor any of the related parties will be liable for any direct, special, incidental, indirect or consequential damages, including without limitation for any lost profits or lost data, that result from the use of, or the inability to use, the Platform or the performance of the products or services purchased through the Platform or the conduct of other Platform users (whether online or offline), or any User Content or any other activity in connection with the use of the Platform, even if the Platform has been advised of the possibility of such damages. You assume total responsibility for your use of the Platform. Your only remedy against the Platform in connection with any damages arising from your use of the Platform or any content is to stop using the Platform. If the Platform is found to be liable to you for any damage or loss which is in any way connected with your use of the Platform or any content, the Platform's liability under all circumstances shall not exceed 100 UAH.

10. Disputes and Additional Terms

10.1 Dispute Resolution

You agree that in the event of disputes arising in the event of the impossibility of resolving disputed issues outside the court, such a dispute will be heard in the Economic Court of Kyiv in accordance with the current legislation of Ukraine.
You agree that the Platform, Terms of Sale, Terms of Use, Privacy Policy and any disputes between you and the Platform are governed by the laws of Ukraine.
Except where prohibited by applicable law and without limiting any consumer rights, you agree that all disputes, claims and legal proceedings arising directly or indirectly from or relating to the Platform shall be resolved on an individual basis, without any - any class actions, and exclusively in the Commercial Court of Kyiv.
All claims must be made within three months of the claim arising, unless a longer period is required by applicable law.

10.2 Electronic Communications

By using the Platform, you agree to receive certain electronic communications from the Platform in accordance with applicable law.
You agree that any notice, agreement, disclosure or other communication that the Platform sends to you electronically will satisfy any requirement of legal communication, including written notice.

Right of assignment, no waivers, severability

The Platform may assign its rights and obligations under these Terms to any party at any time without notice to you, except where notice is required by applicable law, but this will not affect your rights or our obligations under these Terms.
The Platform's failure to insist upon or enforce strict performance of these Terms shall not constitute a waiver of any of these Terms or the Platform's rights. Users should always assume that these Terms apply from the moment the user starts using the Platform.
If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will remain in effect.

11. Final Provisions

These Terms of use of the VYTVORY Platform are compiled in two languages in which identical terms are stipulated. In the event of a difference between the texts, the Ukrainian language version shall prevail.

Terms of use

Terms of sale