Last Updated on July 26, 2023. This Terms of Service is effective July 26, 2023 for all users.
gdbay.net is operated by Novokhatko S.I. FOP (“GDBAY”). GDBAY is registered in Ukraine. GDBAY registered address is Ukraine, 04205, Kyiv, Obolonsky prospect 16 appt 155.
Each time you access or use gdbay.net website, you are deemed and agree to GDBAY’s Terms of Services outlined below.
Definitions and Interpretation
“Service” – means gdbay.net online resource.
As a contributor to GDBAY.Network you agree to adhere to the following terms of services:
- GDBAY.Network provides a professional network and a unified set of community tools for connecting, sharing, and collaborating. By posting content (“User Content”) in the GDBAY.Network, you agree to allow anyone with access to the GDBAY.Network to access the content you post.
- Do not post or transmit material that is confidential to you or a third party unless such posting or transmittal is in compliance with the Confidential Information section below. Further, you agree that you will not post or transmit material that is proprietary to a third party unless you attained consent from such third party.
- Do not post content from, or links to, Internet sites that feature sexual content, gambling, or that advocate intolerance of others. Do not create such content on GDBAY.Network.
- Respect copyright, fair use, and financial disclosure laws. Use appropriate symbols to mark the first occurrence of trademarked terms in your content. Do not post images unless you own the exclusive rights to display the imagery in this context. By posting images that depict a person or persons, you represent and warrant that you attained consent from and verified the legal age of each person depicted in the image for the distribution, display and usage of the image in the general public.
- Use common courtesy when posting content: refrain from abusive, obscene, or offensive language, images, or links. Remember that you are providing content for a multicultural audience — things that do not seem abusive, obscene, or offensive to you might seem so to others.
- GDBAY.Network may add specialized sections or areas of this Site for specific discussion, selected participants, “confidential only” discussion or, may offer for download, software or other materials for which additional terms and conditions may be applicable. Prior to your participation in such specialized sections or areas or your download of such materials, your acceptance of such additional terms and conditions may be required.
- User Content may be made available to third-party search engines on the Internet as well as through the Site’s search engine. User Content that you post will be available for use on a global basis by GDBAY, other participants and others who are not participants but who view the User Content on the Internet, without royalties or restrictions. GDBAY, other participants and others who are not participants but who view the User Content on the Internet, may use User Content, in whole or in part, for any purpose, may create derivative works thereof and may sublicense others to do the same. GDBAY shall have no obligation to compensate you for any feedback or content that you provide, or requests that you submit on the Site. Furthermore, GDBAY does not commit, promise, nor have a legal obligation to deliver any code, functionality, software or other materials due to content you post on the Site.
- GDBAY IS NOT RESPONSIBLE FOR USER CONTENT OR THE ACCURACY OF ANY USER CONTENT POSTED. PARTICIPANTS SHALL REMAIN SOLELY RESPONSIBLE FOR THE USER CONTENT THEY POST. USER CONTENT DOES NOT REPRESENT THE VIEWS OR OPINIONS OF GDBAY. GDBAY DOES NOT GUARANTEE THAT ANY USER CONTENT IS CORRECT OR ACCURATE AND GDBAY DOES NOT ENDORSE ANY USER CONTENT.
- GDBAY reserves the right, but does not have the obligation, to monitor the Site. GDBAY is not responsible for what anyone posts on the Site, and postings do not necessarily represent the opinions or positions of GDBAY.
GDBAY may ask you to provide or collect the following personal information from you:
- Contact information, including your name, email address, country, company, other business or personal profile information.
- Biographical information that you may provide in your profile, including your biography, interests, and photo.
- Information regarding your use of the site, such as contributions that you have made such as blog posts, articles, and comments.
GDBAY may use this information to do any of the following:
- Provide the functionality of the site or applications on it or associated with it to you or provide recommendations or increased personalization to you.
- Contact you regarding your use of the site or submissions that you have made.
- Manage relationships with you and our customers.
- Aid in security and problem determination for the site.
- Should you opt-in, to contact you and keep you informed of items or events on GDBAY.Network or about products or services that you may be interested in.
- Identify content that you have contributed to the site (i.e., blog posts, forum posts, etc.) as being from you.
Information that you provide to GDBAY.Network as part of your profile will be publicly visible. You can edit or delete any information that you provide as part of your profile.
Any content that you contribute to GDBAY.Network (i.e., blog posts, forum posts, etc.) will be published with either your display name or name with a link to your profile.
GDBAY will retain information associated with your profile for as long as it is required for the operation of the site or required to maintain the integrity of content on the site. GDBAY may remove content at any time for any reason, including to maintain the integrity of the site content, for relevancy purposes, or because the content violates the site policies.
- GDBAY will have the right to republish any material you contribute to the GDBAY.Network environment, including any and all modules on the Site provided on the GDBAY.Network environment, and you expressly grant the right to GDBAY to copy and republish the content in any form.
- GDBAY also retains the right to decline to post any content or remove any previously posted User Content in the GDBAY.Network environment, including any and all modules on the gdbay.net at our discretion.
- GDBAY will respond to notices of alleged copyright infringement. GDBAY will terminate without notice participants who are “repeat infringers” of copyrights.
- You may report any suspected violations of these Terms of Services including, copyright infringement, abusive language or inappropriate discussion. To report such violations to GDBAY, you will need to submit a Report Abuse notice via [email protected] .
Sharing an account is not permitted. If you have multiple people in an organization who wish to be involved in the Community, each person must apply separately. We do not offer a discount for multiple accounts at the same company.
Paid Membership Terms of Services and Refund Policy
Fees. Subscription fees for the Member Services are recurring payments (except where identified as otherwise). The term may be monthly or annual. Your subscription begins upon payment of a first instalment of subscription fees. Monthly or annual fees are charged on the same day of the month that the subscription began. (For example, if a monthly subscription began on the 29th, 30th, or 31st day of a month, then membership will renew on the last day of any month that doesn’t have that many days.)
Payment. GDBAY accepts payment via the current payment method indicated at time of purchase, which may include credit card, Apple Pay, and any other form of payment that we make available to you from time to time. You agree to abide by any relevant Terms of Service or other legal agreement whether with GDBAY, Apple, Stripe, Google, PayPal or another third party, that governs your use of a given payment processing method. Prices for Member Services may change at any time, and GDBAY does not provide price protection or refunds in the event of a price reduction or promotional offering. You agree to pay for any Member Services that you order (except during a free trial period). GDBAY will charge your credit card or other form of payment for the price listed on the relevant Member Services offer, along with any additional amounts relating to applicable taxes, bank fees and currency fluctuations. If you purchase any automatically renewing subscriptions, you agree that GDBAY will charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and we are unable to charge you on the next billing period, GDBAY reserves the right to immediately revoke your access to any Member Services you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, GDBAY may cancel your subscription.
Purchase Codes. To pay for the subscription and access to the closed sections of gdbay.net (PRO Membership), we offer to use the purchase of PRO Membership activation codes – Purchase Code. This code can be purchased on affiliate websites or given out as a promotion. You can activate the Purchase Code on gdbay.net in your personal account. Each Purchase Code activates a subscription for a set period of time to be used by closed sections of gdbay.net (PRO Membership). When you purchase the Purchase Code, you must understand that access to the private areas of gdbay.net (PRO Membership) will end on the last day of the specified period of use of the Purchase Code you purchased. To continue using gdbay.net (PRO Membership), you need to purchase a new Purchase Code and activate it on the site. Every acquisition of a purchase code must be treated as Payment and regulated under the Payment section of the Paid Membership Terms of Services and Refund Policy. You can cancel a PRO Membership that has been activated through the Purchase Code at any time. The purchase price of the Purchase Code, taxes, additional costs associated with the purchase of the Purchase Code are non-refundable in any case.
Taxes. If GDBAY is required to collect or pay any taxes in connection with your purchase of Member Services, such taxes will be charged to you at the time of each purchase transaction or other appropriate time as applicable. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and use of Member Services. Such taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.
Cancellations and Refunds. You can cancel your Member Services at any time. If you purchase a subscription to Member Services that automatically renews, you may cancel the subscription any time before the end of the current billing period and the cancellation will take effect on the next billing period, except as otherwise communicated to you by GDBAY. You will retain access to the Member Services from the time you cancel until the start of the next billing period, and will not receive a refund or credit for any remaining days in your current billing period. Subscription fees paid, and Purchase Codes are final and nonrefundable, unless otherwise determined by the GDBAY. Refund requests should be directed to [email protected] .
License. Your use of the Member Services must be only for personal, non-commercial use. You agree not to use any Member Service, in whole or in part in connection with any public presentation even if no fee is charged (except where such use would not constitute a copyright infringement). You are receiving a non-exclusive license to access the Member Services and all rights, title and interest in the Member Services (including any content offered through the Member Services) not expressly granted to you in these Terms are reserved by GDBAY and its licensors. If GDBAY reasonably determines that you violated any part of the Membership Terms of Service, your rights under this Section will immediately terminate and GDBAY may terminate your access to the Member Services and/or your GDBAY.Network account without notice and without refund to you.
Restrictions. When you use the Member Services, you may not (or attempt to):
- use any part of the Member Services in an illegal manner or for an illegal purpose;
- share your GDBAY account password with someone else to allow them to access any part of the Member Services that such person did not order;
- copy, sell, rent, or sublicense the Member Services to any third party;
- circumvent, reverse-engineer, modify, disable, or otherwise tamper with any security technology that GDBAY or any third-party uses to protect the Member Services or encourage or help anyone else to do so;
- access the Member Service other than by means authorized by GDBAY; or
remove any legal notices or labels on Member Services;
- present any false, inaccurate or misleading information in an effort to misrepresent your location or place of residence, and you will not attempt to circumvent any restrictions on access to or availability of the Member Services or content available within the Member Services.
Changes or Discontinuation of Member Services. GDBAY reserves the right to change the availability of Member Services. In addition, we reserve the right to modify, suspend, or discontinue any Member Service with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension, or termination.
Removal or Unavailability of Content. In certain cases, content available within a Member Service may become unavailable due to restrictions from our licensors or other legal or policy reasons. GDBAY will have no liability to you for any such unavailability.
Changes to the Membership Terms of Service. We may change these Membership Terms of Service from time to time so we encourage you to periodically review the most up-to-date version at https://gdbay.net/terms-of-service If you refuse to accept the updated Membership Terms of Service then GDBAY reserves its right to discontinue your use of the Member Services.
- GDBAY PROVIDES THIS SERVICE ON AN ‘AS IS’ BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, including but not limited to any warranty relating to noninfringement of any intellectual or other proprietary rights and availability of the service or of the content posted by any parties using the Site’s content hosting services. GDBAY will not be liable for any direct or indirect damages, including without limitation, lost profits, lost savings, or any incidental, special, or other economic consequential damages, even if it has been advised of the possibility of such damages. By using this service, you agree to indemnify GDBAY against any third-party action based on any content you post on the GDBAY.Network.
- GDBAY does not give you any express or implied rights or licenses under any intellectual property rights. GDBAY may change these rules at any time by giving you notice. You accept a change by continuing to use the gdbay.net after you have been notified of the change. Changes are not retroactive. Additional or different terms in any written communication from you are void.
- You acknowledge and agree that certain content available in the Member Services may be considered offensive to some people and that such content may not be labeled as such. Additionally, certain descriptions of Member Services or content available in the Member Services are not guaranteed to be accurate. You agree to use the Member Services at your own risk and, subject to applicable laws, GDBAY will have no liability to you for any content that you find offensive.
- You agree that you are solely responsible for (and that GDBAY has no responsibility to you for) your use of any Member Service, any breach of your obligations under the Membership Terms of Service, and for the consequences (including loss or damage of any kind which GDBAY may suffer) of any such breach.
- You acknowledge that your online acceptance of these or any other terms constitute a binding agreement between you and GDBAY and signify your intent to be bound to such online acceptances. Subject to applicable laws, in no event will GDBAY’s liability for any and all causes of action brought by you or any agent of yours arising from or related to the services exceed the payments actually received and retained by GDBAY from you for the Member Services.
- Unless not permitted by applicable law, you acknowledge and agree that that these Membership Terms of Service, your transaction for the Member Services, and your relationship with GDBAY under these Membership Terms of Service shall be governed by the laws of Ukraine, without respect to its conflict of laws principles, and any claim or dispute that arises in whole or in part from your use of the GDBAY Services, including the Member Services, will be decided exclusively by a court of competent jurisdiction located in Kyiv, Ukraine.
- GDBAY is not responsible for the privacy policies or practices of any non-GDBAY Web sites that GDBAY.Network may be linked to.
- GDBAY reserves the right at all times (but will not have an obligation) to terminate your account or a community for any reason (such as violation of these Terms of Services or the GDBAY terms of services) or no reason at all, with or without notice and without refund. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these terms, including investigation of potential violations, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of GDBAY, its users and the public.
- These Terms of Services are governed by the substantive laws of the Ukraine. Any proceedings to resolve disputes relating to the Terms of Services shall be brought in a Ukraine Court in Kyiv. You hereby expressly waive the right to trial by jury in any matter which arises under these Terms of Services.