The User does not have a right to use NeutrinoParticles service if: (i) the use of such Services is illegal within the jurisdiction where the User is a resident or where the User is actually going to use NeutrinoParticles service; (ii) the User is a resident of a country that supports terrorism; or (iii) in other cases stipulated herein and/or stipulated by the current legislation of Ukraine.
The Website is NeutrinoParticles website, access to which is provided by the link https://neutrinoparticles.com/ and it's subdomains, where the User may use the Services of NeutrinoParticles under the terms and conditions stipulated herein.
NeutrinoParticles service – the Services offered to the User through the Website on the terms and conditions stipulated herein.
Device - a technical gadget, such as desktop, laptop, netbook or similar device by which the User can use Neutrino Particles Services.
Pricing Plan is a pack of certain conditions on which the User may use the Services. The Pricing Plan includes the cost of the Services provided in the frames of such Pricing Plan and peculiarities of the use of such Services, like time period of usage and count of visual effects that may be downloaded.
Visual effects include original visual effect and exported visual effect.
Original visual effect are graphical elements which the User makes on his/her device locally using the Editor.
Exported visual effect are graphical elements which are ready for use in the User's software products, resulting from the Export of effect.
Editor is the free tool in frames of the Website, which should be downloaded by User for working with the Original visual effects, their creation and export.
Export of effect - the process of converting the Original visual effect into Exported visual effect that occurs on the Website. The User via the Editor sends the Original visual effect to the Website and then received the Exported visual effect.
Trial period is a time period of up to 14 days during which the User may use the Services for free on terms described at the Trial Pricing Plan.
CREATION AND ACTIVATION OF THE ACCOUNT
If the User intends to use NeutrinoParticles service, he/she must create an Account, regardless whether he/she will use paid Pricing Plans or will use Services for free during the Trial period only.
By creating the Account, the User guarantees and confirms that he/she is a natural person who has reached the age of legal majority, is fully capable and has no limitations to enter into this Agreement.
Additionally, the User may upload his/her photo to the Account, which will be displayed in comments, forums and other Website interface.
THE ACCOUNT SAFETY
The User must solely control the access to his/her Account and shall not transfer the access to his/her Account to third parties, but, in any case, and, in any circumstances, the User will be liable for the all actions performed within NeutrinoParticles service through the User's Account.
The User must immediately notify NeutrinoParticles about the unauthorized access, the risk of unauthorized access to his/her account, or any other security breach within NeutrinoParticles service at email: firstname.lastname@example.org.
In any case, NeutrinoParticles cannot and will not be liable for any damages that the User may incur due to the improper performance or non-compliance with the provisions stipulated herein partially or in whole.
However, NeutrinoParticles will makes all reasonable efforts to secure and safe the User's Account.
GENERAL TERMS AND CONDITIONS OF USE OF THE SERVICE
Any User who has created the Account within Website has the right to choose both paid and free Services under the terms of selected Pricing Plan.
The User, who has created and activated an Account within Website, has the right to explore the functionality of NeutrinoParticles service and choose one of the paid Pricing Plans or use the Services for free on the terms described at the Trial Pricing Plan and herein.
Upon the Trial period expiration, the User should choose one of the paid Pricing Plans and fulfill its payment obligations under the terms of such Pricing Plan.
Otherwise the User will not be able to use the Services and Neutrino Particles is entitled to restrict the use of Services.
The User needs to download free Editor from the Website for working with the Original visual effect.
Original visual effect created by the User are stored locally at the User’s device in the binary format of the Editor. It can be exported only in case of activating the Account and the respective Pricing Plan which placed on the Website.
The export of the selected Original visual effect takes place via the Website on the terms of the corresponding Pricing Plan.
When the work with the Original visual effect in the Editor is complete, the User may export it for further use in his/her own software products. For this, the User via the Editor sends the Original visual effect to the Website and then received the Exported visual effect.
The User is also provided with links to the libraries, which helps with the insertion of Exported visual effect into his/her own software products and can be used by the User as the open-source software. Links to such libraries are available on the Website.
NeutrinoParticles shall not be liable for the security and quality of such libraries and does not guarantee its work. All links to such libraries are provided on the distribution terms. In any case, the User acknowledges and agrees that he/she uses such libraries exclusively at his/her own risk.
In any case, the User must be connected to the Internet to use NeutrinoParticles service, while all payments for the connection shall be made solely by the User.
The User shall not use NeutrinoParticles service for illegal actions or for activities that may directly or indirectly violate the rights of third parties and/or endanger people`s life or health, as well as damage the environment.
Under the Paid Services of NeutrinoParticles service (hereinafter referred to as "Paid Services") must be understood a possibility to use Services on the terms of one of the respective paid Pricing Plans from the list placed on the Website which contains different parameters of its usage.
The User who intends to use the Paid Services may choose the appropriate Pricing Plan from the list placed on the Website and, only when the payment for the appropriate Pricing Plan is made, the User will obtain a right to use the Paid Services within the time period and on the terms defined in the corresponding Pricing Plan.
Intending to use the Paid Services and choosing the appropriate Pricing Plan, the User must take into account the functionality and limitations of the selected Pricing Plan. The User also has to consider the time period during which he/she is able to use the Services under such Pricing Plan.
The User can also make a request for the Services and propose his/her terms of cooperation which are not provided by Pricing Plans placed on the Website. In this case all the terms of cooperation will be regulated in a separate agreement between Parties.
If the User intends to switch to another Pricing Plan while using a respective Pricing Plan he/she must pay the cost of the Pricing Plan that he/she wants to use.
TERMS OF PAYMENT
If the User intends to use the Paid Services, he/she is obliged to pay the cost of the corresponding Pricing Plan.
Upon the full payment for the corresponding Pricing Plan, the User will acquire the access and the possibility to use the Paid Services.
Any payment is deemed to be made at the moment when the corresponding amount of funds is deposited to the NeutrinoParticles payment account at Fondy.
The User may pay for the Paid Services using the "Activate" button which is located at the appropriate Pricing Plan placed on the Website. After clicking on the "Activate" button, the User will be able to refill his/her Account using the Fondy.
The User agrees that NeutrinoParticles may change the value of the Services at any time, however, NeutrinoParticles will make all reasonable efforts to notify the User about the price changes in the way which is convenient for NeutrinoParticles.
In any case, NeutrinoParticles is not liable and is not obliged to refund the User's funds for the Paid Services offered on the Website. Mandatory refund takes place only if such opportunity is provided by the Refund Policy of the appropriate payment system, which is used to pay for the Paid Services offered on the Website and which is available on this Website.
Also NeutrinoParticles is not liable and is not obliged to refund the User's funds for the Services if the User, after the conducting the payment, does not use Services in whole or in part.
If the User either decides to delete his/her Account, the previously paid funds will not be returned to the User.
The User must solely pay all taxes while purchasing the Paid Services.
Website may contain the information, data, text, pictures, videos, sound clips, written communications and comments, software, scripts, graphics images and other items created, provided or otherwise made accessible within NeutrinoParticles service (hereinafter referred to as the "Content"). NeutrinoParticles service provides the User with a public, non-exclusive Content License for the use of NeutrinoParticles service (for example, download) without a right to sublicense it or transfer it to third parties in any other way.
To avoid confusion, Visual effects do not apply to the Content and provide for separate conditions of their usage.
While using NeutrinoParticles service, the User has no right to use, modify, distribute and/or store the Content to which he/she got the access, for the purposes that are not stipulated herein and without the prior written consent of NeutrinoParticles.
The Editor available through NeutrinoParticles service (hereinafter referred to as the "Software") is created, developed and owned by NeutrinoParticles and is protected by copyright. The User may use the Software only within the respective End-User License Agreement.
It is not permitted to the User or any third party to modify, copy, reproduce the Software (including software code) available within NeutrinoParticles service, on other servers or elsewhere for further multiplication, distribution or for other illegal use.
NeutrinoParticles service includes code and libraries that are licensed by third parties, particularly an open source software that can use the API of other services that are licensed for NeutrinoParticles.
It is forbidden for the User, except as stipulated herein, to: (i) lease, reproduce, modify, adapt, create derivative works, distribute, sell, sublicense, transmit or provide access to NeutrinoParticles services to any third party; (ii) use the Services in favor of any third party; (iii) interfere with the work of NeutrinoParticles service or try to change the access mechanism of NeutrinoParticles service or otherwise override mechanisms that are intended to limit the use; (iv) decompile, translate, decrypt or commit other illegal actions to the source code, basic ideas, algorithms, file formats or non-public APIs; (v) publicly distribute information about NeutrinoParticles service.
RESTRICTIONS ON STORAGE
The User agrees that there may be some limitations regarding the storage of the information related to certain Services within NeutrinoParticles service. NeutrinoParticles has the right to impose new or change current limits on the amount of information that can be stored within NeutrinoParticles service at its sole discretion with the prior notice, at any time.
All communication between User and NeutrinoParticles will go through a secure protocol https via the registered User’s Account.
While using NeutrinoParticles service, the User may address to the support for consultation regarding technical and other issues, which may arise during the use of NeutrinoParticles service.
NeutrinoParticles guarantees to make all reasonable efforts to provide the User with the high-quality and timely support.
If the User intends to use the support, he/she must send an email to email@example.com with the relevant request and/or question and NeutrinoParticles will provide a response to User's email.
TERMINATION AND SUSPENSION
NeutrinoParticles is entitled to suspend or terminate (stop) the User's ability to use NeutrinoParticles service at its sole discretion at any time, herewith, NeutrinoParticles will notify the User about such possible termination or suspension by sending a message via e-mail.
Within NeutrinoParticles service, if the User violates his obligations regarding the payment for the provided Services or if the User will directly or indirectly violate the provisions stipulated herein, NeutrinoParticles is entitled to suspend or stop the User's capability to use NeutrinoParticles service without prior notice.
If NeutrinoParticles suspends or stops the User's capability to use the Service, NeutrinoParticles has the right to delete all information uploaded by the User while creating the Account.
If Pricing Plan's time period of usage ends, NeutrinoParticles has the right to delete all User`s information that the User uploaded while creating the Account and that was uploaded by the User while using NeutrinoParticles service.
If the User shall express his/her intention to stop using Services via the tools available on the Website and to delete his/her Account, all information uploaded while creating the Account and while using Services shall be automatically and immediately deleted, however, if the Service's functionality which provides possibilities for removing Accounts shall be changed/changing, NeutrinoParticles (exclusively at its sole discretion) is entitled to delete User`s information later.
Anyway, if NeutrinoParticles suspends or stops the User's ability to use the Service, all funds paid by the User for the corresponding Pricing Plan are not refunded.
Upon termination of this Agreement, the User obligates not to disclose any confidential information of NeutrinoParticles service, that he/she becomes aware of, and also obligates not to disclose any other information that may affect the reputation of NeutrinoParticles and/or may cause damage (direct/indirect) to NeutrinoParticles for an unlimited period.
After creating the Account, the User automatically subscribes to newsletter from NeutrinoParticles and may receive messages about NeutrinoParticles’ services, its usage and other information. Such information may be sent via e-mail, SMS and/or otherwise, taking into account the information provided by the User during creating the Account.
The User may refuse from receiving of such messages by selecting "Unsubscribe" option which is available on the Website.
The User agrees that NeutrinoParticles may send technical messages to the User herewith, the User has no right to refuse from receiving of such messages.
LIMITATION OF LIABILITY
The User confirms and agrees that Services are provided “AS IS”. Nevertheless, NeutrinoParticles and all its partners, do not provide any guarantees regarding the commercial compatibility of the Service, the suitability of the Service for a particular purpose, violation or protection of the uploaded and/or transferred User`s data and information. The User acknowledges and agrees that he/she uses NeutrinoParticles service exclusively at his/her own risk.
NeutrinoParticles and all its partners, neither provide any guarantees regarding the results that may be obtained while using NeutrinoParticles service nor guarantee that NeutrinoParticles service and all other services will meet the expectations and requirements of the User.
Any oral or written information or advice that may be provided by NeutrinoParticles make no warranty and do not in any way increase the amount of NeutrinoParticles obligations to the User and/or to any third parties.
NeutrinoParticles shall not be liable for any consequences, that may occur for the User and/or third parties in the result or in the process of usage by the User of the services of the partners of the NeutrinoParticles.
NeutrinoParticles does not guarantee that the services of the partners are safe and cannot cause damages to the User or any other third parties. In any case, NeutrinoParticles is not liable for the actions of its partners as well as for the security and quality of their services.
The User is obligated to indemnify all direct and indirect damages to NeutrinoParticles, as well as all its partners or third parties if he/she violates the provisions stipulated herein.
Neither Party shall be liable for any delay or non-execution of the provisions stipulated herein, if such delay or non-execution arises from any reason beyond the control of the Parties, including any Acts of God, war, civil disturbance, fire, explosion, lightning, storms, floods, earthquakes, accidents, revolutions, riots, industrial disputes or blocking, or government act. If such an event affects and the Party has no abilities to execute the provisions stipulated herein, such Party shall inform the other Party about such event and inform about the inability to execute the provisions stipulated herein.
The confirmation of force majeure shall be the certificate from the relevant state authority.
CHANGES, UPDATES, AND IMPROVEMENTS
The User agrees that the list of Services or the particular characteristics of Services may be modified while using the NeutrinoParticles service. If the User continues to use NeutrinoParticles service, he/she automatically confirms the acceptance of such changes in full.
While using NeutrinoParticles service, the User guarantees that he/she complies with all requirements of the current legislation of Ukraine, as well as requirements of the jurisdiction where the User is a resident and/or of the territory the User uses NeutrinoParticles service in.
All disputes between NeutrinoParticles and the User must be settled in an appropriate court of Kyiv (Ukraine) in accordance with the laws of Ukraine.
If it is found during the trial that the User does not speak Ukrainian, the User is obliged to provide the translation of all necessary documents at his/her own expense. The transfer to the court, as well as other related expenses, shall be paid at the User own expense.
The existence of this Agreement supersedes all prior or current oral or written agreements, offers and statements regarding the usage of NeutrinoParticles service or regarding any other subject covered herein.
Invalidity or unlawfulness of any provision stipulated herein shall not affect the validity, effect or be bound by any other provisions, which remains in force in full.