Terms of Service for Clients of the Shyrest Website

The Administrator manages the website ("the Website"), where users ("Service Providers") create profiles, and the Administrator provides third parties ("Clients") with access to information about the Service Providers. The profiles contain various information about the Service Provider, including the services offered, their location, external data, and more. As a user of the Website, the Client can view the profiles and contact the Service Provider through the Website for personal purposes. The Administrator is not responsible for the motives behind the Clients' interactions with the Service Providers. The Administrator does not organize or monitor the interactions between Service Providers and Clients, nor does the Administrator charge any fees for the interactions between Service Providers and Clients. The Administrator does not charge the Client for accessing and interacting with the Service Providers' profiles.

Usage of the Website is prohibited for individuals who have not reached the legal age according to the laws of the respective European country. Any individual who has not reached the legal age must immediately cease using the Website.

The Client explicitly acknowledges that they assume full responsibility for any use of the Website and any interaction with the Service Providers.

• These Terms of Service apply to the relationship between the Administrator and Clients when they access the information posted on the Website.
• The Administrator reserves the right to modify these Terms of Service at any time without the Client's consent or notification. By using the Website, the Client agrees to be bound by these Terms of Service. The Administrator strongly recommends that the Client regularly review these Terms of Service to stay informed about any changes that may be made. In case of disagreement with these Terms of Service or any of its provisions, the Client must immediately cease using the Website.
• Prior to completing the registration process on the Website, the Client has limited access to the Website and its features.
• In order to access the full range of features on the Website, the Client must register on the Website. Upon registration, the Client's unique account is created, and the user gains access to the Personal Account.
• The unique account contains personal information provided by the Client during the registration process on the Website. The Administrator is not responsible for the accuracy of the information provided by the Client.
• Personal information of the Client is stored and processed in accordance with the provisions of the Privacy Policy developed and approved by the Administrator in compliance with the relevant European laws.
• The Client is solely responsible for the security and confidentiality of the information entered on the Website.
• In case of loss of access to the Personal Account, the Client has the right to request its replacement by using a special form on the Website.
• Actions performed using the personal account on the Website are considered equivalent to actions performed with a simple electronic digital signature.
• The Administrator grants the Client a simple (non-exclusive) license to use the functional features of the Website, which allow the Client to view profiles created by performers and perform other actions provided by this User Agreement. This license is granted to the Client free of charge for the duration of their actual use of the functional features of the Website. This license does not entitle the Client to sublicense.
• In order to use the Website, the Client must have technical equipment that meets the following criteria:

• Latest versions of browsers: Google Chrome, Firefox, Safari, Internet Explorer

• Internet connection with a speed of not less than 1024 Kbps.

• By agreeing to this User Agreement, the Client confirms that they have the technical capability to use the Website.
• The Client is prohibited from disrupting the normal functioning of the Website, uploading, sending, transmitting, or in any other way distributing materials that contain viruses or other computer codes, files, programs intended to disrupt, destroy, or limit the functionality of the Website or to gain unauthorized access to the Website.
• The Administrator has the right to send the Client advertising and informational messages to the email address provided by the Client during registration on the Website.
• The Administrator provides Clients with access to profiles created by performers and the information contained in them (data, images, videos, etc.). By using the Website, the Client can select profiles based on various criteria, including services offered by performers and their cost, the location of performers, external data of performers, and other information about performers. The software used by the Website may determine the location information of Clients and performers and transmit it to the Website.
• If the Client wishes to obtain contact information of a performer posted on the Website, they should click on the "Show phone" tab. If the Client wishes to contact a performer without leaving the Website, they must register on the Website and then click on the "Chat" tab in the performer's profile with whom the Client wishes to communicate.
• The Client has the right to leave reviews on the profiles of performers who have provided them with certain services. The reviews should be truthful. Slander and other negative reviews that adversely affect the reputation and dignity of performers are not allowed.
• The Administrator is not responsible for the services provided by performers to Clients.
• The Administrator does not publish profiles on the Website.
• The Website is a collection of information, texts, materials, graphic elements, designs, images, photos and videos, music, scripts, computer programs, and other results of intellectual activity contained in the information system accessible on the Website.
• The purpose of the Website is to allow performers to post information about themselves and to allow Clients to familiarize themselves with the profiles of performers containing the specified information.
• The Administrator, at its discretion, determines the content of the Website, modifies and updates the Website and its individual parts, establishes the procedure for providing access to the Website, offers various services based on the Website independently or in cooperation with third parties.
• The Administrator has the right, at its discretion, to provide the Client with access to the Website as a whole or its parts on a paid or free basis, and to impose restrictions on the use of Website services for all Clients or for specific categories of Clients.
• The Parties shall be liable for non-performance or improper performance of obligations under this User Agreement in accordance with this User Agreement and the applicable legislation of the respective European countries.
• The User uses the Website at their own risk. The Website and its services are provided to the User "as is".
• The Administrator does not guarantee that:

(a) the Website and its functional features will meet the Client's requirements;

(b) access to the Website and its functional features will be provided continuously, quickly, reliably, and without errors;

(c) the results obtained using the Website will be accurate, reliable, and can be used for any purposes or in any quality;

(d) the materials and information on the Website are up-to-date and comply with the applicable legislation at the time of their viewing by the Client;

(e) the quality of the Website and its functional features will meet the Client's expectations/requirements.

• The website does not contain or provide consultations. Any materials and information posted on the website are the opinions of the authors of such materials and information and are not verified by the Administrator. The user uses the materials and information on the website at their own risk and is solely responsible for any potential consequences of using such materials and information, including any losses that may be incurred directly or indirectly by the user or third parties.
• Unless otherwise stated, the Administrator assumes that no materials and/or information posted on the website violate the lawful rights and interests of third parties. In the event that it is determined that the posting of any materials/information on the website violates the lawful rights and interests of third parties, such materials/information will be removed from the website upon the first request of the party whose lawful rights and interests have been violated.
• The Administrator is not responsible for any damages that may be caused to the user as a result of using the website, including data loss, computer or other equipment infection with computer viruses, losses resulting from the installation of malicious software, phishing, fraud, and other types of malicious and illegal activities by third parties on the Internet.
• The Administrator is not responsible for the advertisements displayed on the website.
• The website may contain links to third-party websites on the Internet. These links are not a recommendation or endorsement by the Administrator of the mentioned websites or the products offered on such websites. The owners of such websites and their content are not verified by the Administrator for compliance with legal requirements. The Administrator is not responsible for the information and materials posted on third-party websites that the user accesses through the website, as well as for the availability of such websites, their content, the content of advertisements, opinions, and statements on such websites, and the consequences of their use by the user.
• The Administrator has the right to block the user's access to the website and/or personal account and/or services (including paid services) in the event of a violation of the terms of this User Agreement by the user, as well as if the Administrator considers the user's actions to be illegal, fraudulent, or aimed at damaging the website or undermining its reputation, organizing DDoS attacks, conducting phishing attacks, attempting to scan and hack the website, etc.
• All intellectual property objects ("Website Objects") that make up the website and/or are accessible through the use of the website's functional features, including but not limited to information, texts, materials, graphic elements, design, images, photos and videos, music, scripts, computer programs, services, structure, are the results of intellectual activity, and all rights to them belong to the Administrator or other right holders. Other right holders include the Performers. It is presumed that the Performers own intellectual rights to the photographs posted in their profiles.
• The user is allowed to use the Website Objects only for personal non-commercial purposes within the functionality of the website and under the conditions and within the limits provided by this User Agreement.
• Any use of the Website Objects in a manner other than provided by the website's functionality, including their reproduction (copying by any means), distribution, dissemination to the public, modification, processing, addition, creation of derivative and composite works, as well as any other use, including for commercial purposes (for profit), is not allowed without the prior written permission of the Administrator. Unauthorized use of the Website Objects entails liability as provided by applicable laws and regulations.
• Quoting Website Objects is only allowed in cases provided for in Article 1274 of the Civil Code of the specified European country. When quoting Website Objects, it is mandatory to indicate the author's name and provide an active link to the Website.
• In order to prevent/unauthorized use of the Website Objects, the Administrator has the right to apply any technical means of protection - technologies, technical devices or their components that control access to the Website Objects, prevent or restrict actions that are not permitted by the Administrator regarding the Website Objects. In particular, the Administrator may limit the number of devices from which the Client can access the Website at the same time.
• Clients who post reviews and comments ("Materials") containing texts, materials, graphic elements, design, images, photos and videos, music, grant the Administrator the exclusive right to use such Materials for the purpose of posting them on the Website worldwide for the duration of such exclusive rights. The Client guarantees that the placement of such Materials does not infringe on the copyright and related rights of third parties, the right to trade secrets of third parties, and at the time of placement, there are no circumstances that would enable third parties to make claims against the Administrator regarding the rights to such Materials. In case of claims by third parties regarding the infringement of their exclusive rights, the Administrator reserves the right to immediately delete such Materials after receiving the claim.
• If any provision of this User Agreement is or becomes invalid, the legal force of the other provisions of this provision shall not be affected. Instead of the invalid provision, the economically effective provision that is closest to the intention of the parties shall be deemed agreed upon.
• The Administrator carries out the storage and processing of personal data of the Performers in accordance with the Privacy Policy posted on the Website.
• This User Agreement exclusively regulates the use of the Website by the Parties. This User Agreement does not establish agency relationships between the Administrator and the persons using the Website, does not mediate the conclusion of service contracts between the persons using the Website, as well as other civil law transactions.
• All disagreements and disputes between the Administrator and the Performer are primarily resolved through negotiations. The Administrator and the Performer must observe the pre-trial written claim procedure for resolving disputes. The Performer sends a claim to the Administrator via email at [email protected]. The deadline for responding to the claim is 15 (fifteen) calendar days from the date of its receipt by the relevant Party to this User Agreement.
• This User Agreement is governed by the legislation of the specified European country.