1. Glossary of Definitions Used in the Terms and in the Policy
1.1. This website including all its web pages, domain name, sub-domains and outgoing emails and other communications hereinafter are referred to as the “Website”.
1.2. The Website is wholly owned by Mr. (hereinafter referred to as the "Owner").
1.3. Any person, who accesses resources and services of the Website, or other linked or referenced through the Website resources or services, or makes purchases through the Website, posts information on the Website, receives requested outgoing documents and information (including but not limited to electronically transferred), sends feedback, navigates through the Website or communicates in any other ways with the Website, its other users or the Owner is considered to be a user of the Website (hereinafter referred to as the "User").
1.5. Small files which, if used, are being created and stored in the User’s side hardware for the purpose of further identification of the User hereinafter referred to as the “Cookies”.
1.6. Unique address of the computer or other communication equipment of the User in the Internet hereinafter referred to as the “IP”.
1.7. Any User or third party which intends to advertise its information, documents, merchandize or services on the Website hereinafter is referred to as the “Advertiser”.
1.8. Any User or third party which intends to advertise the information, documents, products or services offered through the Website by its (including but not limited to) websites, emails, printed editions, TV and any other media hereinafter is referred to as the “Publisher”.
1.9. “User ID” is the identification used by the User to access the protected areas of the Website. Use ID either will be provided by the Owner or the Owner will provide to the User instructions on creating of the User ID.
1.10. “Member” refers to the User who has access to the areas of the Website protected by User ID and password, if such areas exist on the Website.
1.1. “Subscriber” means the User subscribed for some services or delivery of some products through the Website for monthly, quarterly, yearly or other recurring billed services.
2. References Used in the Agreement
2.1. References to the Agreement include references to both the Terms and the Policy.
2.2 Any references to the singular include the plural. Any references to the plural include the singular.
2.3. References to any paragraphs mean references to the paragraphs of the Agreement. Any reference involves reference to the Terms and/or the Policy and the number of the paragraph.
2.4. References to any gender include references to any other gender.
2.5. “Hereinafter” always means a reference to the whole Agreement and not any particular provision, portion of the provision, paragraph, section, page or document of the Agreement.
2.6. “Such as”, “For example”, “For instance”, “Including” and other similar references preceding a term shall not limit the general description of such term, which precedes the term.
2.7. “Only if”, “Only if such” and other similar references preceding a term shall limit the general description of such term, which precedes the term, to the description which follows after such references.
2.8. “Or” shall mean also “And” thus being an equivalent of “And/or” where it is possible according to the general meaning of the text.
3. Binding Documents and Acceptance of the Agreement
3.1. The User, who uses the Website, has automatically accepted the Agreement and is legally bound by the Terms and the Policy in whole and by each provision, reference, notice and term starting from the date of first use of the Website. The User also is bound by any rules of use or licenses posted on the Website.
3.2. The Owner may change the Terms, the Policy or any postings at any time without a preliminary notice. Such changes take effect as soon as they are posted on the Website. It is a sole responsibility of the User to check the Terms, the Policy and any postings for changes before using the Website every time. The User accepts all changes in the Terms and the Policy by using the Website. If the User does not accept some changes, the User must immediately stop using the Website. The User understands that he will not be compensated if he stops using the Website, even if this action stops his paid service such as subscription or membership, or leads to any other consequences. The payments for such paid services will be refunded to the User only starting from the next month of the subscription or membership. No refunds will be issued for the used period of subscription or membership.
4. Intellectual Property
All the Website including information, graphic images, movies, sound, design, names of products, trademarks, logos, service marks, companies' names, websites' names, contained in the Website, email messages or other outgoing documents and information from the Website constitute intellectual property of the Owner or of the other corresponding and respected owners, who permitted the Owner to reproduce such intellectual property. Nothing from this Website or from any outgoing documents or information can be reproduced, in whole or partially, or used for producing of derivative works in any means without the Owner's prior written permission. Content of the Website and outgoing documents and information cannot be decompiled, re-engineered, changed in any way, sold, rented, transferred or exposed to any third party, linked to, framed or referenced without prior written permission of the Owner.
5.1. All information on the Website, services, products and outgoing documents and information are supplied on the "as-is" basis and without any warranty. The User understands, that the content of the Website and outgoing documents and information (including information and documents transferred electronically), may be changed by the Owner at any time without any notice, may be not free of errors, omissions, may be incomplete or may express a private opinion of the Owner, the User or third parties. The User takes all responsibility and risk for using the Website. The User understands and agrees that the User and its affiliates never will be compensated in any way by the Owner for any kind of possible disclosed or not disclosed direct or indirect damages, losses, losses of income, injuries, death including possible consequential damages, injures, losses, losses of income, death and not received income that may be caused by the use, inability to use or not use of the Website and outgoing documents, information, products or services.
5.3. The Website may be referenced to in the Internet and any other information resources by incoming links, banners or other references. Some of these links, banners or references may be created by the Owner or with the consent of the Owner and some of these links and references may be created by third parties with no consent of the Owner. If for any reason the Advertiser requests to delete some information from the Website, the Owner will take two actions to satisfy such request: a) Obligation of the Owner will be to delete such information from the Website as soon as reasonable, but not to delete incoming links, banners or references; and b) The Owner will request (may be only by email) to delete incoming links, banners or references from the websites or other information resources of the Publisher where such incoming links, banners and references have been created by the Owner. These two actions will be considered sufficient and any other demands of the Publisher may be declined by the Owner. Existence of the links and references to the Website including broken, false, misrepresented and the links existing even after the Website or relevant parts of the Website have been made unavailable, shall not be in any way construed as a default of the Owner.
5.4. The Owner issues no expressed or implied warranty and makes no representation concerning quality, availability or fitness for any certain purpose of content, information, services or products offered through the Website or any outgoing documents or information. The Website could be unavailable partially or in whole, renamed, changed or otherwise reorganized with no advance notice. Never can the Owner be obligated for the sum exceeding the price of supplied services or products directly by the Owner, and only if such product or services both created and delivered personally by the Owner.
5.5. If the jurisdiction of the User does not permit a limited liability defined in the provisions of the Terms and Policy, the User cannot use the Website.
5.6. Any errors or other defects, which could be found on the Website, should be immediately reported by the User to the Owner. The User cannot distribute any information about errors or defects of the Website to third parties.
5.7. All software products or other information resources which are downloadable from the Website or can be ordered on the Website, all other products or resources available through the Website, may have their own license and warranty, and the User must carefully study these documents before ordering or using such products or services, and must follow said documents.
6. Limited License to Use the Website
6.1. The User is granted the right to use the Website for private purposes only (non commercial use). The User must comply with all laws in the jurisdiction of his residence or tenure. Anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, harmful, or that could constitute or encourage conduct that would be considered as a criminal offense, give rise to civil liability, or otherwise violate any law, will be prosecuted by the Owner to the full permitted extent.
6.2. The User may not contact employees of the Owner with the means of unsolicited email, telephone calls or any other methods unauthorized by the Website.
6.3. The User cannot transmit in any way unlawful information or links to such information to the Owner or to other Users including the Advertisers and their employees. The User cannot collect information about other Users of the Website. The User cannot attack the Website by massive transmissions of information, not solicited emails (commonly known as the “spam”), unusual commands or other hardware or software means, which can lead to loss or change of data or functionality of the Website or be harmful to the Users, Website or the Owner. If the User submits any registration forms, it is responsible for supplying correct and true information. User cannot make any misrepresentations including the following: communicate with the Website using false personal data; leave messages from the name of a third party and use any other fraudulent methods of communications. The User must keep safe password and User ID supplied to him (her) by the Website or the Owner. The User cannot share password or User ID with any third parties and must immediately notify the Owner if password or User ID is decommissioned. The User is responsible for all uses of its User ID and password, even not authorized by the User.
6.4. The User does not establish with the Owner any other relationship than the stated in the Agreement. This Agreement shall in no way be construed as being an agreement of any kind of partnership between the User and the Owner. This Agreement shall in no way be construed as being an agreement between an employer and employee between the Parties. The User or the Owner shall have no claims against any separate deals, ventures, or assets of each other. The Owner or the User shall not be liable for any commitments, liabilities in business or personal dealings, tax liabilities or situations of each other.
6.5. The User cannot do any representations on behalf of the Owner or the Website.
6.6. If the Website accepts payments from credit cards or other electronic payment systems, the User agrees that its credit card or account will be billed immediately after an online or a telephone verification. The User agrees to pay totally fees and charges incurred through the use of the Website's services or products. By purchasing products or services the User accepts rates in effect, posted on the Website or in outgoing documents and information. The User should pay all applicable taxes relating to his use of services, or purchase of products or services through the Website. The User understands and agrees that electronic signature of the User is equivalent to the actual signature of the User on a hard copy. The Owner reserves the right to change fees or rates, change, suspend or terminate services or availability of products to the User at any time for any reason and without preliminary notice. Any products can be added or deleted by the Owner without any preliminary notice. The User agrees that different Users may have access to different discounts or promotions at different times based on their availability and other factors. The User cannot demand any discounts based on the discounts provided to other Users.
6.7. The User at his own expense must defend, indemnify and hold the Owner harmless from any kind of claims and possible compensations (including direct, indirect or consequential liabilities, damages, losses, losses of income, legal expenses and any other expenses hereinafter referred to as the “Compensations”), which arise or could arise as a result of the User’s use, inability to use or not use of the Website. Such Compensations include also any reasonable attorneys fees and court expenses in case of a third party claim or any other action against the Owner in case such claim or action is a consequence, direct or indirect, of the User's actions or the User's not acting according the Terms, Policy and the law, or when such User’s actions or User’s not acting led to or could lead to, for example, the following: infringement of the rights for intellectual property or attempt of such infringement; purchase, sale or use of any products and services through the Website which caused or could cause an occurrence of a claim; and any misrepresentation made by the User as a possible cause for occurrence of a claim.
6.8. Any attempt of a breach of the Agreement by the User will be considered to be a real breach of the Agreement by the User and will be prosecuted by the Owner to the full permitted extent as a real breach of the Agreement.