We (the folks at the Creative Industries of Ukraine (CIAU) and the IDEAS Accelerator) are on a mission to make the creative community services better and more accessible. We’re also about social responsibility and education. Thus, every single product or service we produce will aid the community in a number of different ways – from freemium products to internship programs, from events to online tools that open up new markets for the creatives, and even provide a chance for the young creatives to shine at the international stage. We hope you’ll love our products and services, and maybe even become a part of it.
These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions.
Terms of Service
These Terms govern your access to and use of the Creative Industries Association of Ukraine (CIAU) Contest Platform. For some other of IDEAS Accelerator’s products and services additional Terms of Service may apply and will be posted on the respective websites.
Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.
1. Who’s Who
Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity.
Your Agreement is with the NGO Creative Industries Association of Ukraine. We refer to NGO Creative Industries Association of Ukraine and the Creative Industries Association of Ukraine Contest Platform collectively as “Contests Platform” or “we” throughout these Terms.
2. Your Account
You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
When you create a CIAU Contest Platform account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. Don’t worry — if you aren’t interested in learning more, you can opt out of the marketing communication, whether it’s an email, phone call, or text message.
3. Minimum Age Requirements
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (or 16 years or older in the European Union).
4. Responsibility of Users
We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, code, computer software, items for sale, or other materials) posted to our Services by users or anyone else (“Content”) and are not responsible for any use or effects of such Content. So, for example:
We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
If you post Content, comment on a website, or otherwise make (or allow any third party to make) Content available on our Services, you are entirely responsible for the Content, and any harm resulting from that Content or your conduct.
We disclaim any responsibility for any harm resulting from anyone’s use, purchase, or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
Any Content offered for sale through any of our Services is the seller’s sole responsibility, and you agree that you will look solely to the seller for any damages that result from your purchase or use of Content.
We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
Please note that additional third party terms and conditions may apply to the downloading, copying, purchase, or use of Content.
We also have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages that link to, or are linked from the CIAU Contest Platform or our other Services. For example:
5. Fees, Payments, and Taxes
Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. Though the not-for-profit organizations are generally exempt from taxes, if we are obligated to pay or collect Taxes on the Fees you’ve paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.
Payment. If your payment fails or if Paid Services are otherwise not paid for or paid for on time, we may cancel or revoke your access to the Paid Services subject to competition Terms of Service Addendum that apply. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
Fee Changes. We may change our fees at any time, or start charging fees for Services that were previously free. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you must cancel your Paid Service.
No-Show Policy. We may have a “no-show policy” for some Paid Services, which means that if you fail to show up or are late for a scheduled session, we may withhold the Service without a refund.
Refunds. Refunds are issued in our sole discretion, unless otherwise required by applicable law.
6. General Representation and Warranty
You represent and warrant that your use of our Services:
7. Specific Service Terms
When you register an account at the CIAU Solutions, you’re required to provide complete and accurate registration information. In most cases, the contact information you provide as part of the registration process will be used as your administrative contact, technical contact, and billing contact. This contact information can be updated at any time.
There are certain features offered via the CIAU Contest Platform that enable you to make or receive payments. If you use any Ecommerce Services, you represent and warrant that any information you provide about your business, products, and services is accurate, complete, and will be kept current. You agree to promptly notify us via [email protected] if you receive any inquiry or action from a government or regulatory agency relating to your transactions.
Usage of Information. The CIAU Contents Platform may require establishing a secure connection via our servers, a connection to our partners, and/or data from your profile, to work.
We may terminate your access to Ecommerce Services or force refunds (where possible) to your subscribers and customers without notice to you if we determine (in our sole discretion) that your use is in violation of these Terms, or if a payment processor or regulatory authority directs us to do so.
We facilitate transactions and communication with the companies that ensure secure processing of the payments via the CIAC Contests Platform only. Therefore, we may, on your behalf, receive notices or forms relating to your transactions carried out exclusively via your Contests Platform account.
More on the Contests Platform Billing Specifically. We may use certain third parties to fulfill our obligations to you, including integrating with payment processing third parties. You may be subject to terms and conditions with those third parties and agree to comply with those terms and conditions. If we use another third party to fulfill these services, you authorize us to share your payment method information with an alternative third-party payment processor that is or will be integrated into the Contests Platform.
We may refuse, condition, or suspend any transaction or account (including your Contests Platform account) if we believe you have violated these Terms or if we believe your activities or transactions expose you, us, or others to unacceptable risks, as determined by us in our sole discretion.
Fees. In some cases, you pay us fees relating to the Ecommerce Services you use. For example, for contest participation, you or/and the Service users pay us a percentage (which depends on your plan) of the revenue the contest generates through the Payments; you authorize the third party payment processor to direct payment of that percentage to us. Please note that we have no obligation to reimburse or refund these revenue-based fees when you issue refunds to your subscribers or customers.
Tax Calculations. You are responsible for payment of all applicable Taxes relating to your ecommerce activities and your use of Ecommerce Services. You must collect, report, and/or pay the correct amounts to the appropriate authorities if applicable, and if needed, inform your customers about any Taxes they may be required to pay and issue appropriate invoices. Tax laws also differ from jurisdiction to jurisdiction and may be subject to different interpretations by different authorities. We recommend that you consult with a tax professional for your specific tax situation when assessing the correct tax rates you should charge.
If we are obligated to pay or collect Taxes on your ecommerce activities or your use of Ecommerce Services, you are responsible for such Taxes, and we may collect payment for such Taxes.
Your Responsibilities. You may only use Ecommerce Services for legitimate transactions with your customers. Among other things, this means that:
8. Copyright Infringement and DMCA Policy
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with the Creative Industries Association of Ukraine (CIAU) product or service violates your copyright, please notify us in writing via [email protected]. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a user’s access to the website if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of the Creative Industries Association of Ukraine, IDEAS Accelerator or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
9. Intellectual Property
The Agreement does not transfer from the Creative Industries Association of Ukraine or the IDEAS Accelerator to you any Creative Industries Association of Ukraine or IDEAS Accelerator, or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with the Creative Industries Association of Ukraine and the IDEAS Accelerator. The Creative Industries Association of Ukraine, IDEAS Accelerator, CIAU Contest Platform logos, and all other trademarks, service marks, graphics, and logos used in connection with the CIAU Contest Platform or our Services, are trademarks or registered trademarks of the Creative Industries Association of Ukraine (CIAU) or the CIAU’s licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Creative Industries Association of Ukraine, IDEAS Accelerator or third party trademarks.
We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of the Creative Industries Association of Ukraine (CIAU), or by the posting by the Contests Platform of a revised version. If we make changes that are material, we will let you know by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) refuse or remove any content that, in our reasonable opinion, violates any of the Creative Industries Association of Ukraine policies or is in any way harmful or objectionable, (ii) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.
If you wish to terminate the Agreement or your CIAU Contest Platform account, you may simply discontinue using our Services.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Disclaimer of Warranties
Our Services are provided “as is.” Creative Industries Association of Ukraine (CIAU) and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Contests Platform, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
13. Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of Ukraine. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the courts in Ukraine’s jurisdiction.
14. Arbitration Agreement
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the International Arbitration Rules of the International Chamber of Commerce in accordance with such Rules. The arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.
15. Limitation of Liability
In no event will Creative Industries Association of Ukraine (CIAU) or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to the Contests Platform under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Creative Industries Association of Ukraine shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Creative Industries Association of Ukraine, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user’s website.
17. Economic Sanctions
You expressly represent and warrant that your use of our Services and/or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access of those in the event of a breach of this condition.
18. GDPR and Cookie Usage Policy
These Terms were originally written in Ukrainian. We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and the Ukrainian version, the Ukrainian version will control.
The Agreement constitutes the entire agreement between the Creative Industries Association of Ukraine (CIAU) and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; the Creative Industries Association of Ukraine may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.