1. AGREEMENT SUBJECT AND GENERAL PROVISIONS
1.1. The subject of this User Agreement (hereinafter referred to as the Agreement) is the relationship between Shakhtar Trading LLC, a legal entity registered and operating in line with the Ukrainian legislation, being the administrator (hereinafter referred to as the Administrator) of the shakhtar.com website (hereinafter referred to as the Site) and of the FC Shakhtar applications distributed on iOS and Android platforms (hereinafter referred to as the Application), and you (hereinafter referred to as the User) regarding the use of the paid Shakhtar Club subscription (hereinafter referred to as the Subscription).
1.2. The User shall be an individual who has registered on the Site or in the Application and has subscribed or registered for BETA testing (trial testing).
The User hereby confirms that he/she has reached the age of 18, is able to pay for viewing the content in cases provided for by the Administrator. An individual who has not reached the required age shall refrain from viewing such content and/or from making payment for viewing it without the consent of parents, adoptive parents, guardians, trustees or other legal representatives in accordance with the current legislation of Ukraine. Otherwise, the responsibility for violation of the terms of this Agreement by an individual who has not reached the required age shall rest with their parents, adoptive parents, guardians, trustees or other legal representatives in accordance with the current legislation of Ukraine. The Administrator shall not be responsible for the legality of viewing/listening to/reading the content by the User.
1.3. The subscription shall provide the Users with access to the non-public content about the lives of players and employees of FC Shakhtar Donetsk (hereinafter referred to as the Club), special offers from the Club and its partners, access to viewing non-public videos and webinars, articles on the Site, priority purchase of season tickets and tickets, special deals and offers, as well as to benefits of purchasing tickets and season tickets for matches.
1.4. The paid content shall be text and video materials, access to which is provided to the Users through the Site and/or FC Shakhtar software applications which are available on devices connected to the Internet (hereinafter referred to as the Devices).
1.5. This Agreement is a public offer. The User’s actions specified in this Agreement, including, without limitation, the use of any of the paid services included in the Subscription package, viewing content, sending registration forms, providing information, following the appropriate hyperlinks, as well as setting the appropriate mark in the registration process on the Website when paying for the Subscription and other actions specified in the Agreement, shall imply the full and unconditional consent of the User with all points of this Agreement and all the amendments and additions, along with the unconditional acceptance of its conditions and bearing evidence to the conclusion of a bilateral agreement between the Administrator and the User. In case of the User's disagreement with any of the conditions of this Agreement, the User shall refuse to use the Subscription any further.
2. USER’S RIGHTS, OBLIGATIONS, AND WARRANTIES
2.1. The User shall agree to read the terms of this Agreement carefully. The Administrator shall be entitled to amend this Agreement, notifying the User. Any further use by the User of the Subscription after any changes and/or additions made to the Agreement shall imply the User’s unconditional consent to such changes and/or additions. The User’s unfamiliarity with the current terms of the Agreement shall not relieve the User of the obligations stipulated by the Agreement and the responsibility for non-fulfilment/improper fulfilment of the obligations.
2.2. The User shall agree not to spread the non-public content of the Site and the Application without the written permission of the Administrator/Content Copyright Holder in any media. The only exceptions are journalists’ accounts.
2.3. The User shall guarantee that during the use of the Subscription, they do not and will not carry out any actions aimed at circumventing technical means of protection against unauthorized use of the Subscription, viewing/listening/reading, copying the content, in particular, the system of territorial restriction of access to viewing the content by using IP addresses, as well as any other actions aimed at changing functional characteristics, disrupting the operation of the Site and Subscription. The User shall also agree to refrain from unauthorized blocking of advertising information in the Application and on the Site.
2.4. A User registered on the Site shall be entitled to post comments regarding the content and the other services provided.
2.5. The User shall not be entitled to post any advertising information in his/her comments without the Administrator’s prior written consent or to use the Subscription and the Site to advertise or otherwise promote the sale of any goods and/or services in any other way not agreed with the Administrator.
2.6. The User shall undertake to refrain from posting in his/her comments the information in text or any other form that degrades the honour and dignity or violates the rights and freedoms of other users and/or third parties, incites interreligious, interracial, interethnic hostility, contains knowingly false obscene language that degrades third parties’ honour and dignity, violating their intellectual property rights, in any other way violating the terms of this Agreement or the legislation in force that is applicable to this Agreement and/or at the location of the User.
2.7. The User shall be fully responsible for his/her actions related to the posting of his/her comments and undertakes to resolve disputes, claims, claims of third parties filed in this connection, independently and at his/her own expense. If the Administrator is held liable by third parties for the placement of comments or other information by the User, the Administrator shall be entitled to take actions to trace the location and search for the User in order to sue the User as a co-defendant.
2.8. The User shall give his/her consent to receive information, including advertising materials, push notifications from the Administrator in any way allowed by the legislation in force that is applicable to the Agreement, in particular, through the interface between the Site and the Subscription at any time, as well as via the User’s email address, phone number, or otherwise.
The User shall be entitled to refuse to receive such information by:
- independently disabling the newsletter subscription by clicking on a special link specified in the letter;
-sending an email to the Administrator's email address email@example.com;
- disabling the receipt of push notifications in the settings of mobile Devices;
- blocking the receipt of messages in messenger applications;
- blocking the receipt of any communication in the User’s personal profile on the shakhtar.com Website or in the FC Shakhtar Application.
2.9. The User shall give his/her consent to the use of his/her phone number or the numbers used by him/her for communication with the Administrator and/or making payment transactions in the Subscription, for calls, for sending information messages in any way that is not prohibited by the current legislation of Ukraine and applicable to the Agreement.
The User shall be entitled to refuse to further use his/her number for communication by calling and informing the Administrator’s help desk at 0 800 300 314 or 044 390 90 09, or by changing the feedback settings in the personal account.
3. ADMINISTRATOR’S RIGHTS, OBLIGATIONS, AND WARRANTIES
3.1. The Administrator shall undertake to give the User access to the Subscription in the manner and on the terms specified in this Agreement.
3.2. The Administrator - at his/her discretion and without any special notice to the User – shall be entitled to:
3.2.1. limit the User’s access to the Subscription, certain content items, including through the system of territorial restrictions of access to viewing the content based on the Users’ IP addresses;
3.2.2. change the list and other features of the content, other information posted in the Subscription, as well as the functional features of the Site and the Application;
3.2.3. modify and/or supplement the Agreement, the conditions of loyalty programmes, the availability of gifts, access requirements for viewing content, etc;
3.2.4. set discounts for paid access to viewing the content. At the same time, the discounts’ validity period, their amounts and the applicable list of content can be changed by the Administrator;
3.2.5. impose any restrictions on the use of the Subscription;
3.2.6. set age limits for User access to the content. The Users who have not reached the age specified by the Administrator, agree to refrain from accessing the content. The Administrator can notify the Users of the age restrictions by placing information signs on content pages and/or through information messages that are displayed to the User before starting to view a unit of content.
3.3. The Administrator shall be entitled to apply any actions that are not contrary to the current legislation applicable to this Agreement in order to prevent any unauthorized access to the Subscription, the posted content, disrupting the operation of the Site and the Application, any other actions that violate the rights and legitimate interests of the Administrator and/or content copyright holders.
3.5. In the event of establishing the facts of unfair use of the Subscription, the User may be held publicly, administratively and/or criminally liable at the initiative of the Administrator.
3.6. At his/her own discretion, without notifying the User and without explaining the reasons, the Administrator shall be entitled to delete any information, comments, etc posted by the User. In this case, the Administrator shall not be responsible for any damage that may be caused to the User by this kind of action.
3.7. The Administrator shall be entitled to provide for Users loyalty programmes, promotional, as well as incentive offers about which the User will be notified personally through his chosen communication channel or in his personal account, in the Subscription management section.
3.8. The Administrator shall pre-moderate the comments posted by Users on the FC Shakhtar Donetsk website. The Administrator shall take actions aimed at protecting the rights and legitimate interests of the interested person only after the interested person contacts the Administrator in the manner established in this Agreement. The Administrator hereby reserves the right to restrict or remove the comments option without any notice to the User.
4. THE PARTIES’ LIABILITIES. LIABILITY LIMITATIONS
4.1. In case of non-fulfilment and/or improper fulfilment of the terms of this Agreement, the violating Party shall be liable in line with the laws applicable to the Agreement. The Party found guilty of non-fulfilment and/or improper fulfilment of its obligations under this Agreement shall reimburse the other Party for all documented losses incurred by such non-fulfilment and/or improper fulfilment.
4.2. At its own discretion, The Administrator shall be entitled to suspend, restrict, or terminate the User’s access to the Subscription or to its individual services at any time, including, without limitation, in case the User violates the terms of this Agreement, the current legislation applicable to this Agreement, as well as in the event when the Administrator has grounds to consider the User’s actions as unscrupulous, being aimed at disrupting usability of the Website or the Application and/or such that may result in violating the rights, legitimate interests of the Administrator and/or content copyright holders, harm their business reputation and the like. If the termination/restriction/suspension of access to the Subscription occurred due to the User’s fault, including as a result of the above actions, the funds paid by the User for access to viewing the paid content will not be refundable. The Administrator shall not be liable for any loss that may be incurred to the User by such actions.
4.3. The User shall be solely liable for his/her actions related to the use of the Subscription, and to posting comments.
4.4. The User understands and agrees that:
4.4.1. Access to the Subscription, including the content and other services, is provided as is and the Administrator does not guarantee their compliance with the expectations of the User.
4.4.2. The Administrator will not be liable for any technical issues, delays in processing or transferring data, delays in the receipt of payments for services giving paid access to viewing the content, unauthorized third-party access to viewing the content, as well as safety of the User’s login and password. The Administrator shall not guarantee the error-free and uninterrupted operation of the Subscription and, by default, is not responsible for any harm caused to the User by technical failures of hardware or software at the User’s place.
4.4.3. In the event of any claims being filed against the Administrator, as well as any other claims related to the use of the Application by the User or a third party via the User’s account, the User will settle the above complaints/claims/demands independently and at his/her own expense, and compensate in full all expenses and losses incurred by the Administrator.
5. PROVISION OF ACCESS TO VIEWING CONTENT
5.1. To pay for access to the Subscription, the User shall register on the Site, create an account, and pay for the Subscription.
5.2. The Administrator shall provide the following services to the User:
5.2.1. Access to paid content through Subscription means that the Administrator provides the User with the possibility of accessing the list of content units specified by the Administrator during the Subscription access term in accordance with the rules specified in this Agreement. Moreover, the Administrator is entitled to provide several varieties (types) of access to the Subscription as part of the Subscription. The beginning of the Subscription access term shall be considered to be the moment of payment for access by the User and the fact of payment for the service being reflected in the Administrator's electronic payment accounting system.
5.2.2. Access to the test period for using the Subscription (public BETA testing) means that the User has free access to paid content during the test period set by the Administrator. To do so, the User shall specify his/her valid bank card whose validity may be verified by freezing the amount of 1.00 (one) hryvnia which is then returned to the User during the day. If the User has not refused to automatically renew access to the content after the test period, the Subscription will be renewed for a fee in accordance with the established tariff rates.
5.3. Services of paid access to viewing the content shall be provided to the User in the manner and on the terms specified below:
5.3.1. Paid access to viewing the content can be provided to the User upon payment of the appropriate fee by the User, unless otherwise stated in loyalty programmes, promotional terms, etc.
5.3.2. Services for providing paid access to viewing the content are considered to be provided at the time of funds being credited to the Administrator's account.
5.3.3. The service shall be deemed to be provided by the Administrator appropriately and in full regardless of the fact of use of the provided access to the Subscription by the User.
5.3.4. Upon expiration of the period of paid access to viewing the content, the amount corresponding to the previously selected tariff for the next period shall be automatically debited from the bank account or the electronic payment system account specified by the User, provided that sufficient funds are available. This paragraph constitutes the User’s consent to the fact that funds will be contractually debited by the service bank from his/her account in case the Auto Renewal option in his/her account is enabled. In the event of an unsuccessful attempt of debiting funds from the User’s account at the time of automatic debiting, the automatic debiting will be carried out until it is successful.
184.108.40.206. Automatic renewal (debiting funds for the next period) shall occur on the day following the previous paid period.
220.127.116.11. The User shall be entitled to cancel the automatic renewal of the Subscription in the settings of his/her personal account at any time. If the renewal is cancelled, access to the current Subscription will be available until its expiration.
18.104.22.168. The User will not be able to cancel the Subscription if he/she has already purchased (paid for) it.
5.4. By duration, paid access can last:
a) one month (which is 30 (thirty) calendar days) and
b) 12 months (which is 360 (three hundred sixty) calendar days).
5.5. In case of a change in the paid access fee, the Administrator shall notify the User of that fact.
5.6. All promotional offers aimed at providing the new Users with the possibility to access the Subscription for the first time and/or with one-time access to viewing the content at a promotional price shall be used by each new User no more than once. Reuse of the above promotional offers shall be considered as violation of the User Agreement, with the Administrator being entitled to deactivate access to the Subscription and/or one-time access to viewing the content regarding a separate unit of content for that User. To track the repeated use of promotional offers, the Administrator shall be entitled to use the data provided by the Users while using the Site or the Application.
5.7. The monetary unit for measuring the provided/consumed services is hryvnia (UAH) - the national currency of Ukraine.
6. TECHNICAL REQUIREMENTS
6.1. Access to the Subscription shall be provided subject to the technical requirements stipulated by this Agreement.
6.2. The User shall confirm and agree that access to the Subscription is provided to the User only through the Site or the mobile Application.
6.3. The Administrator shall set technical means for protecting the content from unauthorized access and/or other actions prohibited under the terms of this Agreement or the current legislation applicable to the Agreement.
6.4. In order to access and view the Subscription content through the Site or the mobile Application, the User shall have the appropriate software installed enabling him/her to view the content.
6.5. The content viewing quality depends on the Internet connection speed and other criteria, including the model of the Device used.
6.6. The Administrator shall not be liable for any damage to the equipment or software of the User or another person caused by or related to the use of the Site or the mobile Application while viewing the Paid Subscription content.
6.7. To access the Subscription, the User shall log in to the Site, download the mobile Application and log in and access the Paid Subscription via his/her mobile Device.
7. USER ACCOUNT (PROFILE)
7.1. After registering on the Site or in the mobile Application and after paying for the Subscription as stipulated by section 5 of this Agreement, the User will be given access to his/her account.
7.2. The account under this Agreement means a User account on the Website and/or mobile Application, which includes the information necessary to identify the User and the information for logging in.
7.3. Using his/her account, the User can:
- fill out his/her profile containing personal information and amend it in case of a change in the personal data;
- control the access validity, the term of payments, as well as the history of payments and viewed content;
- check the bonus amount and the accrual procedure as part of the loyalty programme;
- view possible gifts and exchange them for his/her bonuses under the conditions specified in the account, if any;
- perform other actions described in this Agreement.
8. INTELLECTUAL PROPERTY
8.1. All intellectual property rights to use the Subscription shall belong to the Administrator.
8.2. Unless otherwise expressly stipulated by the Agreement or specified by the Administrator, the User will not receive any intellectual property rights to the content, in particular, he/she shall not be entitled to reproduce any content units, sell them, otherwise alienate, publicly display, publicly perform, make them public and the like. For violating the intellectual property rights of the Administrator, the content copyright holders or third parties, the User shall be liable in accordance with the Ukrainian legislation in force and international legal rules.
8.3. Any actions aimed at circumventing the technical protection means under this Agreement to gain access to viewing the content shall constitute a violation of copyright, with the User independently bearing legal and other kinds of liability for such actions stipulated by the Ukrainian legislation in force.
8.4. If the content or other information provided in the Subscription is made publicly available, for example, at entertainment venues and leisure places, the organizers of such public communication shall be liable and independently settle claims of the copyright holders and/or third parties related to such use.
8.5. The Administrator reserves the right to delete any posted content from the Site and the Application at any time without notifying the User.
9. ADDITIONAL TERMS
9.1. This Agreement is publicly available to the User on the Site and in the mobile Application. The current version of the Agreement is available at https://shakhtar.com/en/membership-policy.
9.2. This Agreement is governed by the Ukrainian legislation in force. The issues that are not covered by the Agreement shall be resolved in accordance with the Ukrainian legislation.
9.3. This Agreement shall last for an indefinite period and apply to the Users from the moment of using the Paid Subscription.
9.4. All disputes and discrepancies, claims and conflicts under this Agreement shall be resolved through negotiation. In case of failure by the Parties to reach any agreement through negotiation, the dispute shall be settled in court near the Administrator’s location in accordance with the legislation applicable to the Agreement.
9.5. The invalidity (nullity) or non-compliance of any of the terms and conditions of this Agreement with the applicable legislation shall not affect the validity of its other terms and conditions. If any of the Agreement terms and conditions is declared invalid (null and void), the Administrator shall immediately replace it with another term or condition that will most closely correspond to the content of the replaced term or condition and be valid.
9.6. The headings in the Agreement are provided for convenience only and shall not affect the interpretation of the content of the Agreement clauses.
9.7. All terms that are capitalized in the text of this Agreement have the meanings stipulated by this Agreement, with the meanings applying to all word forms, both singular and plural. Other terms used in this agreement and not stipulated by it have the meanings stipulated by the current legislation applicable to this Agreement. The word ‘including’ also implies the term ‘without limitation’.
9.8. Any obligation of a party not to perform any action includes the obligation to prevent the fulfilment of that action.
9.10. With any questions, notifications, suggestions, complaints regarding the Paid Subscription, the User can contact the Administrator by sending a corresponding letter to the Administrator's mail address (4G Hryhoriia Andriushchenka Street, Kyiv 01135, Ukraine), email address (firstname.lastname@example.org), or by phone (0 800 300 314, +38 044 390 90 09).
9.11. If the User submits, including cases when the User owns the copyright that is violated, a complaint regarding the Content posted in the Paid Subscription, the User shall provide the documents proving the complaint grounds, along with clear reasoning and contact details for communication.