1. Terms Used in the End User License Agreement
Author/Copyright Holder shall mean Dmytro Dubnytskyi (assumed name: David Dubnitskiy).
Software Product shall mean the NYMF mobile application for iOS and Android, as well as the following websites: https://dubnitskiy.com and https://nymfapp.com.
Administrator shall mean a person duly authorized by the Author/Copyright Holder to perform the technical management of the Software Product and to provide Products to Users as part of the Software Product use by the latter.
Services shall mean a set of programs for computers, smartphones, and tablets; and databases that ensure the operation of the Software Product; as well as a set of Products provided to Users during the use of the Software Product.
User shall mean any individual over 18 years of age who has completed the registration procedure described herein and uses the Software Product.
Publications shall mean any graphic content (regular and 360-degree photos [panoramas], videos, and illustrations), plots, individual text materials, and audio files/audio content published for all the Users of the Software Product by the NYMF administrator for informational purposes.
Accounting Time shall mean all the dates specified when using the Software Product and the Services; the Accounting Time shall be recorded according to Kyiv time.
Copyright Notice shall mean legally binding information provided to the User and/or third parties about the existence, features, and protection of copyrights for publications in the Software Product. The current version of the Copyright Notice is posted on the Website at https://nymfapp.com/info/copyright.
2. General Provisions
This End User License Agreement (EULA) shall regulate the procedure for the use of the Software Product, the conditions for the provision of products by the Author/Copyright Holder, and the procedure for the use of Publications, as well as the relationship arising from the use of the Software Product and the Services by Users.
The Author/Copyright Holder shall not guarantee user availability of the Services on the around-the-clock (24/7) basis. The Author/Copyright Holder shall have the right to refuse the use of the Software Product to any User at any time in case of violation of the EULA, as well as for other reasons related to the Author/Copyright Holder’s inner convictions.
The Author/Copyright Holder shall grant Users a personal non-exclusive and non-transferable right to use the Software Product in accordance with this EULA provided that the User or any other persons assisted by the User do not perform the following actions unless approved by the Author/Copyright Holder:
- copying or modification of the Software Product, the Services, Photo/Video Work, and any other components of the Software Product;
- breaking into the software in order to obtain program codes or data or for other purposes;
- sale, assignment, lease, transfer of rights in relation to the Software Product and its Publications to third parties in any other form;
- modification of the Software Product, including the same performed for the purpose of obtaining unauthorized access thereto;
- other actions similar to the ones listed above and violating the rights of the Author/Copyright Holder and third parties. The User shall be held liable for complying with both tangible and intangible rights of third parties to the information transferred (provided) to the Administrator or to third parties when using the Software Product.
It should be noted that regardless of the information provided, Users shall also independently evaluate the legality of their use of the Software Product, including from the point of view of the current legislation of Ukraine, without violating anyone’s rights nor expecting legal action and/or claims from anyone.
In addition to this EULA, the procedure, features, and conditions for the provision of products by the Services shall be determined by the following documents:
- the Copyright Notice.
Administrator’s activities on the collection, storage, and systematization of information, the formation of the Database, as well as the legal relationship between the Author/Copyright Holder and the User with a view to providing access to the Software Product Database, shall be carried out in accordance with the current legislation of Ukraine.
The current legislation of Ukraine does not classify the information posted in the Software Product Database as information requiring restricted access or prohibited for distribution.
Registration is a one-time process of consent to, and acceptance of, this EULA upon the first interaction with the Software Product by a person who wants to become an NYMF Mobile App User and has reached 18 years of age.
PLEASE CAREFULLY READ THE TEXT OF THIS END USER LICENSE AGREEMENT AND ANNEXES HERETO DURING REGISTRATION. IF YOU DO NOT AGREE WITH ANY TERMS OF THE AGREEMENT AND/OR THE ANNEXES, YOU MUST REFUSE TO USE THE SOFTWARE PRODUCT.
For the entire period of using the Software Product, the User shall be deemed to have unconditionally agreed to and accepted the EULA, which is tantamount to concluding a civil-law contract on the terms and conditions set forth herein.
The Software Product shall store and use non-personal data about persons who have registered as Users.
4. User’s Rights and Obligations
The Software Product User shall have the right to:
- access all open publications in the Software Product and view the same through the Software Product;
- purchase subscriptions and make in-app purchases to gain access to closed and/or restricted publications, certain content, and/or closed functions of the Software Product;
- use purchased or free publications (text, photos, and other materials) for personal non-commercial purposes;
- send complaints on the facts of Users’ violation of this EULA to the Administrator.
5. User’s Liability
All the Users shall be held solely liable for their actions/inaction when using the Software Product. Each User shall guarantee that his or her use of the Software Product will be carried out so as not to violate the rights of third parties and the Author/Copyright Holder. Users shall guarantee that only they will have access to the materials posted in the Software Product without the right to any distribution. Users shall undertake to comply with this EULA.
Should a User violate this EULA, the Administrator shall have the right to refuse such User’s access to the Software Product and the Services and to notify the Author/Copyright Holder in order to hold the infringer liable for illegal actions.
6. Purchases Made within the Software Product
The Software Product may contain subscriptions and in-app purchases. At their own discretion, Users may purchase additional features within the Software Product. Depending on the purchase type, Users may unlock exclusive Publications, unlock new features, or receive other benefits. Each purchase of the Software Product describes its specific features, cost, term, and conditions.
Subscriptions shall be subject to the following rules: payments corresponding to the purchase desired by the User shall be debited from the Apple ID or Google Play account (depending on the platform used: iOS or Android, respectively) upon purchase confirmation. Subscriptions shall automatically renew unless canceled at least 24 hours before the end of the current period. Users shall be charged for renewal within 24 hours prior to the end of the current period. Users may manage and cancel their subscriptions in their account settings on the App Store or Google Play.
The NYMF mobile app for iOS uses the official Apple In-App Purchase payment method. For Android, the NYMF mobile app uses the official Google Play’s billing system method. More information on in-app purchase policies, cancellation of subscriptions, refunds, and other issues related to in-app purchases can be found in the relevant sections on the official Apple (https://support.apple.com/billing) and Google (https://support.google.com/googleplay/?#topic=3364264) websites.
As Software Product and/or the Services may contain advertisements, the Software Product and/or the Services may display various types of advertisements, promotions, and offers. By using the Software Product and/or the Services, the User consents to the Administrator’s right to place such advertising materials in the Software Product and the Services. The method, tonality, content, and scale of displaying such advertisements and promotions may change without notice to the User at the Administrator’s discretion subject to the Author’s consent.
8. Special Provisions
The Author/Copyright Holder shall not guarantee that the software of the Software Product and/or the Services is error-free nor will function on the around-the-clock (24/7) basis without interruptions.
The Author/Copyright Holder shall not be held liable for losses or other damage incurred by the User due to the actions of third parties.
The Author/Copyright Holder shall reserve the right to remove any information or materials that he deems to be/have become unacceptable, undesirable, or violating this EULA from the used servers.
The Author/Copyright Holder shall not control the information, products, and goods located on or offered via the Internet. As a result, the User accepts the provision whereby all products, information, and products offered or available through the Software Product and/or the Services or on the Internet (except for those expressly indicated as being provided directly by the Author/Copyright Holder) are provided by third parties who are in no way associated with the Author/Copyright Holder.
The Author/Copyright Holder shall not be held liable for any costs or damages directly or indirectly arising from the use of the Software Product and/or the Services by the User/third parties.
9. EULA Commencement and Amendment Procedure
This User Agreement and all changes herein shall come into force upon being published in the Software Product. The EULA may be amended at any time.
The User shall undertake to get acquainted with the current version of the EULA before each use of the Software Product, the Services, and/or the Products of the Author/Copyright Holder. Should a User not agree with the amended User Agreement, such User shall be obligated to refuse to use the Software Product.
The User who continues to use the Software Product, the Services and/or the Products of the Author/Copyright Holder agrees to the current changes.
10. Applicable Law
All relationships between the Author/Copyright Holder and Users shall be regulated by this EULA, including annexes hereto, and the current legislation of Ukraine. In case of violation of the current legislation of Ukraine, the User shall independently and solely bear full administrative, criminal, and civil liability.