Terms of service
«BLOGGERS-TOP» community (hereinafter referred to as the «Company») proposes any individual or legal entity (hereinafter referred to as the «User»), separately referred to as the «Party», and jointly - the «Parties», to conclude the following Terms of service (hereinafter - the «Agreement»).
Peremptory acceptance of the Terms of service is the implementation of the actions specified in clause 3 of this Agreement. From the moment the acceptance is made, the User is considered to have read and agreed with the Agreement and entered into a contractual relationship with the Company.
The User certifies that the terms of the Agreement are accepted by him without any objection, the User has understood and accepted the meaning of the terms, words and expressions used in this Agreement in accordance with their legal definition and/or interpretation specified in the Agreement.
The Agreement does not require bilateral signing and is valid in electronic form.
The Parties use these terms in the following meanings:
1.1. Platform is a software and hardware complex owned by the Company, consisting of a site located at https://bloggers-top.com, designed to create a personal page for the User.
1.2. Company-community «BLOGGERS-TOP» is the owner of the Platform.
1.3. User is a person who has accepted the Agreement and uses the Platform to promote and popularize his/her content.
1.4. Subscription is a time period of 30 calendar days, during which the User is given access to his personal page on the Platform after payment of the license fee to the Company.
1.5. Task is familiarization with the information in full provided by the Platform to the User with the help of a computer, allowing access to the browser, and in particular to the Internet and «YouTube» video hosting.
1.6. Content is information developed by the creative work of the User and posted on the Internet on «YouTube» video hosting.
1.7. Report is information developed by the creative work of the User and posted on the Internet in the public domain, which fully provides the Platform with information about the completion of the Task to continue providing access to the full functionality of the Platform until the expiration of the Subscription.
1.8. Legislation is the current legislation of the state of Ukraine.
Other terms are interpreted in accordance with the provisions of the Agreement, which were established by the practice of their use, as well as the Legislation.
2. Subject of the Agreement
2.1. The Company grants the User the right to use the Platform on a fee basis, and the User undertakes to use the Platform in accordance with the terms of the Agreement.
2.2. The territory of the transferred rights includes all the countries of the world.
2.3. The term of the transferred rights is 30 calendar days from the date of registration of the Subscription.
2.4. Access to the Platform is deemed to have been provided from the moment the Company has been reimbursed for the Subscription fee.
2.5. The company updates the Platform, that is, eliminating errors and improving its work. Updates are an integral part of the Platform, therefore duration of this Agreement applies to any updates made by the Company.
2.6. The Company grants the User only the rights to use the Platform. The Company is not the author of the Content, does not initiate the creation of Content and does not determine its subject matter and does not moderate the capacity of the Content.
2.7. The Company is not responsible for illegal Content and actions of Users and should not be held liable for creating technical conditions that were used by violators. However, in order to ensure the fight against illegal Content, the Company reserves the right to ban the User (reduce the term of the transferred rights ahead of schedule) in case of receiving motivated complaints from other Users about the actions of the User.
3. Registration of the User and getting the access to the functionality of the Platform
3.1. The User goes through the Registration procedure, as a result of which a Personal Account is created for the User, containing data about the User stored on the Company’s server.
3.2. Registration of the User on the Platform is carried out by filling in the necessary data (login, email, password) and subsequent payment of the license fee to the Company.
3.3. Funds received from the User for access to the Platform by Subscription are non-refundable.
3.4. If the User disagrees with any of the clauses of this Agreement, the User is not entitled to use the Platform. The fact that the User uses the Platform after Registration is equivalent to full and unconditional acceptance of this Agreement.
3.5. To register and gain access to the full functionality of the Platform, the User undertakes to provide accurate and complete information about himself/herself on the issues proposed in the appropriate gaps for entering information.
3.6 The Company has the right to require the User to confirm the information specified in the process of gaining access to the full functionality of the Platform at any time.
3.7 Establishment of the fact or the presence of the Company reason to believe that the information provided by the User is unreliable, gives rise to the right of the Company to ban temporarily or delete completely the User’s account.
3.8. All actions performed by the User on the Platform are considered to be performed by the User personally.
3.9. The User is solely responsible for all actions performed under the User’s account on the Platform, including cases of voluntary transfer by the User of data to access the User’s account to third parties under any conditions.
4. Rules of the Platform use
4.1. The user has the right to:
4.1.1. Receive round-the-clock access to the Platform, excluding the period of service maintenance.
4.1.2. Perform any actions arising from the functionality of the Platform available to the User and not prohibited by the Company.
4.1.3. If any malfunctions in the operation of the Platform are detected, demand from the Company to eliminate them.
4.2. The user is obliged:
4.2.1. Provide the Platform with the necessary data for the successful provision of the service, such as Reports.
4.2.2. Ensure the confidentiality of information related to access to the Platform.
4.2.3. Immediately notify the Company about any case of unauthorized (prohibited by the User) access to the Platform and/or about any violation or suspicion of a violation of confidentiality or any other violation of the security system.
4.2.4. The User, creating Content and sending it to the Platform using the Messenger, is obliged to comply with the Legislation and the rights of third parties.
4.2.5. Provide the Platform with a Report on a daily basis after completing the Task.
4.3. The User is prohibited from:
4.3.1. Modify the Platform, that is, make any changes to it, including changing from one programming language to another.
4.3.2. Decompile, disassemble the Platform, perform any actions aimed at restoring the original text (code) of the Platform.
4.3.3. Adapt the Platform (that is, make changes that are carried out solely for the purpose of functioning on specific technical means of the User or under the control of specific programs of the User), correct errors or make any other changes in the Platform.
4.3.4. Use the Platform in a manner that violates the Legislation, including by posting on the Platform materials that violate the exclusive rights of third parties, defame the honor, dignity and (or) business reputation of third parties, violate (including but not limiting) the legislation on information, advertising, personal data.
4.3.5. Transfer access to the Platform to third parties on a reimbursable or free basis, including via sublicensing.
4.3.6. Make attempts to circumvent the technical restrictions and protections established by the Platform.
4.3.7. Use any technical means to collect and process information on the Platform, including personal data of other Users.
4.4. The Company has the right:
4.4.1. Provide the Platform to the User in an amount that corresponds to the access provided to the User to the functionality of the Platform.
4.4.2. Make any changes to the structure and algorithms of the Platform, suspend its performance or the performance of its functions, change or terminate the performance of the Platform’s functions without prior warning to the User and without giving the consent by the latter to this.
4.4.3. Send Users informational messages, as well as informational messages containing information about the products and services of the Company’s partners.
4.4.4. Unilaterally terminate this agreement with the User and bring Agreement to an early termination of the Subscription in cases where:
220.127.116.11. The User did not send the Report or did not reflect the full scope of the Task execution in the report more than five times during the Subscription validity period;
18.104.22.168. The User behaves incorrectly in relation to the Company’s support service or tries to mislead the Company’s support service;
22.214.171.124. The User deliberately tries to violate or use for illegal purposes the algorithm of the Platform.
4.5. The Company is obliged to:
4.5.1. Ensure the uninterrupted operation of the Platform and provide the User with round-the-clock access to the Platform, except for the time of technical or maintenance work.
5. The procedure for using the functionality of the Platform
5.1. The User adds Content in the form of links to the product of his work in the “Links” section of the User’s personal page via the Platform.
5.2. The Content must meet the requirements of the Platform, namely, the duration of the video posted on the video hosting “YouTube” should not exceed twenty minutes.
5.3. The User undertakes to daily and fully familiarize himself with the information provided by the Platform in the “Playlists” section of the User’s personal page, which contains links to the Content of other Users.
5.4. The User undertakes to report on the completion of the Task by posting links to the video report in the “Reports” section of the User’s personal page.
5.5. The User is notified that the Company checks and moderates the Reports.
6. Responsibility of the Parties
6.1. For improper execution of the terms of the Agreement, the Parties are responsible in accordance with the Legislation and the terms of the Agreement.
6.2. Using the Platform, the User acknowledges and accepts that the Company is not responsible for the creation and distribution of the Content, as well as for the quality of the service.
6.3. In case of violation by the User of the terms of the Agreement, the requirements of the Legislation, the Company has the right to:
6.3.1. Terminate the User’s access to the Platform or restrict the opportunity by notifying the User about it;
6.3.2. Demand from the User compensation for losses caused by such actions.
6.4. The Platform is provided to the User as it is in accordance with the principle generally accepted in international practice. This means that for problems arising in the process of updating, maintaining and operating the Platform (including compatibility problems with other software products (packages, drivers, etc.), inconsistency between the results of using the Platform and the User’s expectations, etc.), the Company is not responsible. The User understands that he is fully responsible for possible negative consequences caused by incompatibility or conflicts of the Platform with other websites and software products, including those installed on the User's personal computer or mobile device.
6.5. The Company is not responsible for the incompatibility of any software and hardware of the User with the Platform.
6.6. The user is solely responsible to third parties for his actions related to the use of the Platform, including if such actions lead to a violation of the rights and legitimate interests of third parties, as well as for compliance with the Law when using the Platform.
6.7. The Company is not responsible for any types of losses incurred as a result of the User’s use of the Platform or its individual parts/functions.
6.8. The Company is not responsible for the number of received and credited views to the User using the capabilities of the Platform.
6.9. The Company is not responsible for the timing and quality of the provision of services by third parties, as well as for their actions (inaction), including banks, etc., as well as for the failure to provide services by such persons.
6.10. The Company is not responsible for the accuracy of the Content and for its compliance with the Legislation.
6.11. The Company makes every possible effort to ensure the normal operability of the Platform, however, it is not responsible for direct and indirect losses of the User, including lost profits and possible damage, which also have arisen among other things, as a result of:
6.11.1. Illegal actions of Internet users aimed at violating information security or the normal functioning of the Platform;
6.11.2. The absence (impossibility of establishing, terminating, etc.) of Internet connection between the User’s server and the server where the Platform is located;
6.11.3. For the impossibility of using the Platform or part of it for reasons depending on the User or third parties;
6.11.4. Carrying out activities by state and municipal bodies, as well as other organizations, as operational-search activities;
6.11.5. For malfunctions, errors and failures in the operation of the software and hardware complex that ensures the functioning of the Platform;
6.11.6. For the temporary lack of access to the Platform by the User in case of maintenance and other works;
6.11.7. In other cases, related to the actions (inaction) of Internet users and/or other subjects, aimed at worsening the general situation with the use of the Internet and/or computer equipment.
7. Dispute Resolution
7.1. All disputes and disagreements are resolved by the Parties via negotiations.
7.2. If the Parties have not settled the dispute via negotiations, it is subject to settlement by filing a claim. The Parties agree that the complaint procedure is mandatory for all disputes between the Parties.
7.3. When submitting a claim for a refund, the Parties agree that the actual costs incurred constitute the cost of the service.
7.4. The term for sending a response to a claim cannot exceed 30 (thirty) calendar days.
7.5. All claims of the Parties are sent to the e-mail of support service: email@example.com.
7.6. Unresolved disputes under the Agreement are referred for the consideration to the court at the location of the Company.
8. Force majeure circumstances
8.1. The Parties are exempt from liability if the obligations are not fulfilled or performed improperly due to force majeure circumstances that arose after the conclusion of the Agreement, which the Party, referring to such circumstances, could not have foreseen and prevented by reasonable measures.
8.2. Force majeure means extraordinary and insurmountable circumstances under these conditions that prevent the Parties from fulfilling their obligations under the Agreement. These include natural phenomena (earthquakes, floods, etc.), epidemics, public circumstances (military operations, emergency situations, major strikes, epidemics, etc.), prohibitive measures of state bodies (prohibition of transportation, currency restrictions, international sanctions, trade bans, etc.).
8.3. The party referring to force majeure circumstances confirms such circumstances with documents issued by authorized state bodies or other admissible evidence.
8.4. The Party referring to force majeure circumstances is obliged to notify the other Party within 10 working days.
8.5. During this time, the Parties have no mutual claims, and each of the Parties assumes its own risk of the consequences of force majeure circumstances.
9. Processing of personal data
9.1. In order to fulfill its obligations under the Agreement, the Company processes the personal data of the Users specified when using the Platform.
9.2. When processing personal data, the Company is guided by the Law of Ukraine “On the Protection of Personal Data” №2297-VI dated 01.06.2010.
9.3. The company processes personal data during the entire term of this Agreement. Upon termination of the Agreement, the Company is obliged to stop processing personal data, unless the Company is entitled, in accordance with the Law, to continue such processing.
9.4. The user has the right to revoke his consent by sending a corresponding request to the support service by e-mail firstname.lastname@example.org. In case of receiving a request to revoke consent to the processing of personal data, the Company is obliged to stop processing them, unless the Company has the right to continue processing personal data in the absence of the User’s consent.
9.5. The company processes only personal data that is necessary for the execution of the Agreement.
9.6. If the User enters personal data of third parties on the Platform, the User is obliged to obtain consent independently from the relevant persons for the processing of personal data, including, among other things, the User’s right to transfer such personal data to the Company.
9.7. The user is obliged, upon the request of the Company, to confirm the fact of obtaining consent to the processing of personal data from the relevant persons by providing the relevant documents.
10. Validity of the Agreement
10.1. The Agreement comes into force from the date of acceptance and is valid until terminated by the Parties or revocation of the offer.
10.2. The Agreement can be terminated:
10.2.1. By mutual agreement of the Parties;
10.2.2. At the initiative of the Company unilaterally out of court in case of violation by the User of the terms of this Agreement. In this case, the Company has the right to demand compensation for losses caused by such a violation;
10.2.3. At the initiative of the User unilaterally out of court by sending a request to delete User’s account to the Platform’s support service by e-mail email@example.com.
10.3. The company has the right to change the Agreement unilaterally. The changes come into force the next day from the moment the new editing of the Agreement is posted on the Platform, about which the User is notified accordingly.
10.4. Using the Platform means that the User agrees with the new editing of the Agreement. In case of disagreement with any provision of the Agreement and (or) annexes thereto, the User is obliged to stop using the Platform.
11. Final provisions
11.1. Interaction between the Parties is carried out using the functionality of the Platform, as well as using the email support service firstname.lastname@example.org.
11.2. Users guarantee that the content of the account, as well as any materials uploaded to the account, do not violate the rights of third parties, the norms of the Legislation, including legislation on personal data, are not encumbered with the rights of third parties, and will not entail obligations to pay remuneration to third parties.
11.3. The law and legislation of the state of Ukraine apply to this Agreement.
11.4. For all issues not regulated by this Agreement, the Parties will be guided by the Legislation.
The date of posting: September 01, 2021