When interpreting and applying these General Terms and Conditions, the following terms and expressions shall have the following meanings:
“The Operator”, also „We“, „Us“ and derivatives – Mela 3D
“Agreement” – these General Terms and Conditions, the non-derogated dispositive legal norms and the imperative legal norms of the current Bulgarian legislation.
“Content” – one or more audio, video and/or text elements, including but not limited to video materials, images, texts, photographs, multimedia content or other material that Users provide and are available on the site.
“User”, also “You” and derivatives – an individual who can access the Content of the site.
“Intellectual property rights” within the meaning of item 10 – all current and future rights belonging to the Operator arising from Bulgarian and European legislation, including any copyrights, trademarks, designs, patents, inventions.
“Registration” – a series of actions performed by an individual, including creating a profile by entering e-mail, name, phone and password and confirming the created profile, as well as achieving the same by linking to profiles in other applications/platforms. Minors cannot perform Registration. Minors over 16 years of age perform Registration only after the consent of their parents or guardians.
2. Terms of Use
2.1. By accessing the Content and/or using the site and all related services, you acknowledge that you have read, understood and consent to be bound by the terms of this Agreement.
2.2. If you are accessing the Site Content on behalf of a legal entity, you confirm that you have the right and ability to bind the relevant legal entity to this Agreement. If you do not have this right, or if you do not agree to the terms and conditions set out below, you should not exercise your right to consent and therefore you may not use the Service.
2.3. You acknowledge the existence and binding force of the Agreement, despite its electronic format, as a contract between you and the Service Operator, which governs the use of the site and all accompanying services.
2.4. The agreement between you and the Operator regarding the use of the site is valid until the use of the services provided by the site is terminated.
3. Profile and Membership
3.1. You must be at least 16 years of age to use the Site and the Service. By using the Site and the Service and by your agreement to this Agreement, you warrant and represent that you are at least 16 years of age.
3.1.1. If you create a user profile on the Site, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account, as well as any other actions related to it.
3.1.2. When registering, you specify a profile in another application/platform through which you identify yourself and/or e-mail, telephone, names and password. If the e-mail is not already used, you save the e-mail and password you have requested through your Registration. Through them or through a related application/platform, you gain access to your user profile, as well as the opportunity to use the Services.
3.1.3 The Operator does not verify and is not responsible for the authenticity of the data provided by the user, for whether it affects the rights of third parties, in particular the right to a name or other personal rights, the right to a trade name (company), the right to a trademark or other intellectual property rights.
3.1.4. The User is obliged not to disclose his password to third parties and to immediately notify the Operator in the event of unauthorized access, as well as in the event of a likelihood of such. The User is obliged to take all reasonable care and take the necessary measures to protect his password and is fully responsible for all actions performed by him or a third party using the username and password. The Operator is not liable for unauthorized access to the User's data due to the User's failure to comply with his obligations under this clause.
3.1.5. The User Profile is a separate part of the site containing information about the User, provided during the Registration process and stored on the Operator's server.
3.1.6. The Operator may refuse the Registration of a person for whom there is information that he/she is providing false or unauthorized data.
3.1.7. The Operator may delete the Registration of a person for whom there is information that he/she provides false or extraneous data, submits reports with false content, or undertakes any ill-intentioned, attempted abuse or self-serving actions towards the Application, the Operator and third parties.
3.1.8. Refusal and deletion are made at the discretion of the Operator and are not justified or proven.
3.1.9. Refusal means refusal of a proposal to conclude the Agreement.
3.1.10. Deletion shall mean termination of the Agreement.
3.11. By creating a user profile on the site, you agree to send you messages to the e-mail address you provided or directly on the site regarding issues related to the use of your profile (including registration confirmation, request for a new password if you have forgotten your old password, the signals you have sent, changes to these terms and conditions, and others).
3.2. We may, but are not obligated to, monitor and review new profiles before you register and begin using the Service.
3.3. The User undertakes to inform the Operator of any unauthorized use of his/her account or any other security breach as soon as possible. The Operator shall not be liable for any actions or omissions by the User, including any damages of any kind caused as a result of such actions or omissions.
3.4. We reserve the right to terminate, suspend, or delete your account (or any part thereof) if we determine that you have violated any term of this Agreement or that your conduct or content is likely to damage our reputation and good name.
3.5. If we delete your account for the above reasons, you will not be allowed to re-register for our Service. We may block your email address to prevent future registrations.
3.6. When using the Services provided by the Operator through the site, you undertake:
3.6.1. not to commit malicious acts within the meaning of these General Terms and Conditions and the law applicable in Bulgaria
3.6.2. to immediately notify the Operator of any case of committed or discovered violation when using the services provided;
3.6.3. not to impersonate another person or a representative of a legal entity or group of people that he is not authorized to represent, or otherwise mislead third parties about his identity or affiliation with a particular group of people, not to use personal data of third parties in deviation or violation of the relevant rules for the protection of personal data of individuals - including, but not limited to, the General Data Protection Regulation, Regulation 2016 /679, the Personal Data Protection Act and other rules in this area.
3.6.4. upon discovering any damage, technical inconsistencies, software errors or any other manifestation of the Services that does not correspond to what is generally accepted or expected, promptly notify the Operator for their removal.
4. Privacy
4.1. In connection with the use of the Services on the site, we process your personal data under the terms of our Privacy Policy, an integral part of these General Terms and Conditions.
5. Cookie Policy
Most of the cookies we use will improve your browsing experience on the site, while the rest are important for ensuring secure access.
Depending on the browser you use, you have the option to:
Allow or deny the storage of cookies from all sources.
Set up a notification that will ask for permission to accept or decline each new cookie.
Most browsers are set to accept cookies by default. However, if you do not want cookies to be stored on your computer, you can restrict them by changing the settings of your browser.
6. User Content. Rights to User Content.
6.1. We, as providers of the Service, do not own full copyrights to any data, information or materials that you have provided to the site during the use of the Service. We are not responsible for the truthfulness, accuracy, quality, integrity, legality, reliability and appropriateness of the Content provided by Users to the site.
6.2. You are solely responsible for the truthfulness, accuracy, quality, integrity, legality, reliability and appropriateness of the intellectual property or right to use the Content provided.
6.3. We have the right to monitor and moderate the Content you create on or through the Site.
6.4. You expressly consent and authorize the Operator to access, copy, distribute, store, transmit, reformat, display, perform other derivative works of the content of your user profile solely as required to provide the Service. Without limiting any of these representations or warranties, we have the right, without obligation, in our sole discretion to refuse or remove any Content that we believe violates any of our policies or otherwise harms the Service.
6.5. You grant us the right to use, reproduce, adapt, modify, publish or distribute parts and/or all of the Content provided by you, created by you or stored in your user profile for any non-profit, marketing, commercial or other similar purpose.
6.6. You expressly consent to us providing part and/or all of the Content created and/or provided by you on the site to third parties, including government institutions, non-profit legal entities, for-profit legal entities, individuals, as well as other impersonal organizations engaged in the protection of forests, animals, nature and the environment, as well as prevention and related activities.
6.7. You are aware and agree that in the event that upon providing part and/or all of the Content created and/or provided by you on the site to third parties, the Operator receives remuneration. You declare that no part of the remuneration received from the Operator should be due to you.
6.8. The Operator reserves the right at any time to remove content if it considers it, in its sole discretion, to be of a political or discriminatory nature, as well as if it is false or infringes the rights of third parties.
7. Archives
7.1. We regularly back up the Content and will do our best to ensure the completeness and accuracy of these Back Ups. In the event of hardware failure or data loss, we will restore the backups automatically to minimize the consequences as much as possible. We are not liable for any loss of data resulting from the above.
8. Referring to other sources
8.1. Although the Site and its accompanying services may refer you to other sources (such as websites, mobile applications, etc.), we do not express, directly or indirectly, any endorsement, association, sponsorship or affiliation with any linked source, unless expressly stated herein.
8.2. We are not responsible for the research and evaluation of individuals or legal entities, or the content of their sources, nor their suggestions.
8.3. We assume no responsibility for the actions, products, services and content of other third parties. You should carefully review the legal statements and other terms of use of each source that you access through a link on the Site. You assume responsibility for your connection to other external sources.
8.4. We are not responsible for the availability and quality of goods and the content of services brought to the attention of the User by publishing on the site electronic references, advertising banners and messages for the sale of goods and provision of services by third parties and/or by attaching such to the text of commercial messages sent to him at the email address specified by him during his registration or through the electronic message exchange system incorporated on the site.
9. Prohibited uses
9.1. In addition to the other terms set forth in the Agreement, you are prohibited from using the Site or the Content therein:
(a) for any unlawful purpose.
(b) incite other people to commit or participate in illegal activities.
(c) violate any international, regional or state regulations, rules, laws or local ordinances.
(d) infringe our intellectual property rights or the intellectual property rights of others.
(e) harass, abuse, insult, harm, defame, humiliate, threaten or discriminate on the basis of gender, sexual orientation, political views, religion, ethnicity, race, age, national origin or disability.
(f) upload information and messages of a political nature.
(g) provide false or misleading information.
(h) upload or transmit viruses or other malicious software that can be used in a way that affects the functionality or operation of the site and its accompanying services, third-party products and services, or the Internet.
(i) to carry out attacks of the types: "spam, phish, pharm, pretext, spider, crawl or scrape".
(j) for any indecent or immoral purposes.
(k) to interfere with or circumvent the security features of the site and its accompanying services, the products and services of third parties or from the Internet.
(l) with pornographic or sexually explicit content.
(m) offensive to a religion or containing religious propaganda.
(n) constituting a trade or professional secret or other confidential information.
(o) which are subject to third party intellectual property rights, except with the consent of the right holder.
(p) violating any property or non-property rights or legitimate interests of third parties, including rights to personal data.
(p) damaging the good name of another and calling for a violent change in the constitutionally established order, for committing a crime, for violence against the person or for inciting racial, national, ethnic or religious enmity.
(c) containing information inciting to commit terrorist activity and any information related to terrorism.
(t) containing information about other people's passwords or access rights without the consent of their holder, as well as software for accessing such passwords or rights.
We reserve the right to terminate your access to the site if you violate the rules.
10. Intellectual property rights
10.1. The Operator reserves the right to initiate legal proceedings in cases of infringement of the aforementioned rights, and any other intellectual property rights.
10.2. This agreement does not grant you any rights to any intellectual property owned by the Operator or third parties, and all rights of a similar nature shall remain with the Operator.
10.3. All trademarks, structural designs, graphics and logos used with and/or through the Site and its accompanying services are trademarks of the Operator or its respective licensors. Other trademarks, graphics, logos used on the Site and its accompanying services may be trademarks of other third parties. Your use of the Site and its services does not grant you any right or license to reproduce or otherwise use any of the trademarks belonging to the Operator or third parties.
11. Limited liability
11.1. To the fullest extent permitted by applicable law, in no event shall the Operator and its affiliates be liable to any person for indirect, incidental, special, punitive, consequential or exemplary damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, business impact, business interruption, loss of anticipated savings, loss of business opportunity) caused in any way, on any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised of the possibility of such damages or could have foreseen such damages. The limitations and exclusions also apply if this remedy does not fully compensate you for losses or fails of its essential purpose.
11.2. The Operator takes the necessary care to maintain up-to-date information on the site, but is not responsible for the legality and authenticity of the content published by third parties.
11.3. The Operator is not responsible for the unlawful nature of the activities of third parties or for the emergence, guarantee, performance, amendment and termination of obligations and commitments in connection with the goods and services offered by third parties, and is not responsible for any damages suffered and lost profits resulting from these relations.
11.4. The Operator is not responsible for failure to provide services in the event of circumstances beyond its control - in cases of force majeure, random events, problems in the global Internet network, actions or inactions of the Executive Forestry Agency and in the provision of services beyond the Operator's control, problems due to the User's equipment, as well as in the event of unauthorized access or intervention by third parties in the functioning of the Operator's information system or servers.
11.5. The Operator is not liable for any damage caused to the User's software, hardware or equipment, or for any loss of data resulting from materials or resources searched for, downloaded or used in any way through the Services provided or the site.
11.6. The Operator is not liable to the User and third parties for any damages suffered and lost profits incurred as a result of the termination, suspension, change or limitation of the Services, the deletion, modification, loss, unreliability, inaccuracy or incompleteness of messages, materials or information used, recorded or made available through the site.
11.7. The Parties agree that the Operator is not liable for the non-provision of the Services or their provision with degraded quality as a result of tests carried out by the Operator for the purpose of checking equipment, connections, networks and others, as well as tests aimed at improving or optimizing the provided Services. In such cases, the Operator shall notify the User in advance, to the extent possible, of the possible temporary non-provision, respectively, of the degraded quality of the Services, if and when this is possible or appropriate at the discretion of the Operator.
11.8. By accepting these General Terms and Conditions, the User declares that he is aware of the possibility of possible interruptions and other difficulties in establishing the Internet connection to the site, which may arise regardless of the care taken by the Operator. The User declares that he will not claim any compensation from the Operator for lost profits, damages or inconveniences resulting from the occurrence of the above-mentioned interruptions or difficulties in the Internet connection, including with regard to the capacity of this connection.
11.9. The Operator does not guarantee and is not responsible for the accessibility and proper provision of the Services through the site outside the territory of the Republic of Bulgaria. In the event that the User uses the Services, subject to the Agreement, outside the territory of the Republic of Bulgaria, the User is solely responsible for compliance with the applicable legislation in accordance with the place of use of the Services.
11.10. The Operator is not responsible for events organized by third parties, with or without the help of the Service, information about which is contained and accessible through the site. The Operator is also not responsible for the organization and content of events created by third parties, as well as for any actions taken by organizers or participants in events, including misleading and/or false information about an upcoming event.
11.11 The Operator is not responsible for the actions of participants during events organized through the site. Each participant in the relevant event is responsible for their own behavior, including their health and the use of all necessary and required personal protective equipment during the relevant event.
11.12. In the event of an event created and organized by a User of the Service, full responsibility for all actions and information lies with the specific User responsible for creating the specific event.
11.13. Messages accompanying created events should not be interpreted as representing the views and goals of the Operator and its team.
12. Compensation
12.1. You agree to indemnify and hold the Operator and its entities and partners harmless from and against any liabilities, losses, lost profits, damages or expenses, including reasonable attorneys' fees, incurred in connection with or arising from any claims, claims, actions, disputes or demands of third parties brought against any of them as a result of or related to your Content, use of the site and its accompanying services or any intentional violations on your part.
12.2. Your obligations under this clause shall survive termination of this Agreement.
13. Binding force
13.1. All rights and restrictions contained in this Agreement may be exercised and are enforceable and binding only to the extent that they do not violate applicable law and are intended to be limited to the extent necessary so as not to render this Agreement illegal, invalid or unenforceable. In the event that any provision or part of a provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the parties intend that the remaining provisions or parts thereof shall constitute their agreement with respect to the subject matter hereof and all other provisions or parts thereof shall remain in full force and effect.
14. Changes and Amendments
14.1. The Operator reserves the right to unilaterally amend this Agreement or its terms and conditions relating to the Site and its accompanying services. The Operator undertakes to notify the User of any changes leading to a change in the meaning and purpose of this Agreement or its terms and conditions by means of a message sent to the e-mail address and a notification on the Site. In the event that the User continues to use the Site after such changes, it shall be deemed that he gives his consent to these changes.
15. Acceptance of these terms
15.1. You acknowledge that you have read this Agreement and agree to all of its terms. By accessing and using the Site and Service, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Site and Service.
16. Final provisions
16.1. For all issues not settled by these General Terms and Conditions, the current Bulgarian legislation shall apply.
17. Contacts
17.1. To find out more about this agreement or if you wish to contact us regarding any matter relating to it, you may send an email to milenahristova216@gmail.com
