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operates business-to-business
e-marketplace portals for the electronic supply and/or procurement
of goods and services, online collaboration, and supply chain and
procurement management, including under the www.rusbiz.com and the
www.rusbiz.ru domain names and other such domain names as we make
available to You from time to time. The following terms and conditions
govern Your use of the Rusbiz.com site and its services ("Service").By
using this Site, You agree to follow and be bound by the following
Terms and Conditions of Use and any revisions we may make to the Terms
and Conditions of Use. We may revise the Agreement at any time by
posting the revised terms and conditions on this website. The amended
terms shall automatically be effective immediately upon posting. Posting
by Rusbiz.com of the amended terms and conditions and your continued
use of the Service shall be deemed to be acceptance of the amended
terms. In these terms and conditions, all users of the Service shall
be referred to as the "User".
1. The Service is offered only to business or corporate (e.g. corporation,
limited liability company, partnership, sole proprietorship etc.)
and government entities.
2. The User will select a User ID and Password to access the Service.
The User shall be solely responsible for maintaining the confidentiality
of the User's User ID and Password and for all activities that occur
under the User's User ID and Password. The User hereby undertakes
to notify Rusbiz.com immediately of any unauthorized use of the User's
User ID and Password or any other breach of security. The User hereby
agrees and confirms that Rusbiz.com shall not be liable for any loss
or damages arising from the User's failure to comply with this paragraph.
3. Rusbiz.com may allow Users access to products and services offered
by third party websites through hyperlinks or "co-branded"
sites accessible through the Rusbiz.com website. The User acknowledges
that Rusbiz.com has no control over such third party's website and
Rusbiz.com shall not be responsible or liable to anyone for the availability
of such website, or any goods, product or service made available on
such website, and does not endorse and is not responsible or liable
for any content, advertising, product or other material on or available
from such third party website. The User further acknowledges and agrees
that Rusbiz.com shall not be responsible or liable, directly or indirectly,
for any loss, claims, damages or actions arising from or caused or
alleged to be caused by or in connection with the use of or reliance
on any information or content available on or through such third party
website or any underlying transaction between the User and any such
third party.
4. Rusbiz.com reserves the right to limit, deny or create different
priorities to different users or to change the Service and/or all
of its features and/or to change, upgrade, modify, alter, limit or
terminate the Service at any time temporarily or permanently without
prior notice and for any or no reason at its sole discretion. Rusbiz.com
further reserves the right to introduce new features, functionalities
and/or applications to the Service or to future versions of the Service.
All new features, functionalities, applications, modifications, upgrades
and alterations shall be governed by these terms and conditions, unless
otherwise stated by Rusbiz.com. The User agrees to the effect that
such action may have on his ability to use the Service hereby agree
that in no event shall Rusbiz.com be liable to the User or any third
parties for any inability to use the Service, any delays, inaccuracies,
errors or omissions with respect to any communications or transmission
or delivery of all or any part thereof, or any damage arising there
from or occasioned thereby or for the results obtained from the User's
use of the Service.
5. The User agrees not to reverse engineers, decompile, disassemble,
alter, duplicate, make copies, create derivative works from, distribute
or provide others with the Service, its communication protocol or
any information available on, derived or extracted in relation to
the Service other than as allowed under these terms and conditions.
1. The User may only use this Service for legitimate purpose, and
shall not use the Service to make any speculative, false or fraudulent
Requests or Offers, whether or not in anticipation of demand.
2. The User represents that the User has sufficient authority and
is of sufficient legal capacity to create binding legal obligations
for any liability the User may incur because of the User's use of
the Service.
3. The User is solely responsible for all information provided to
Rusbiz.com or others during registration or any other time during
the use of the Service ("Your Information") and Rusbiz.com
acts as a passive conduit for the User's online distribution and publication
of Your Information. For the avoidance of doubt, "Your Information"
includes any information data, text, software, music, sound, photographs,
graphics, video, messages and other materials provided by the User
to Rusbiz.com during registration, trading or listing processes or
at any other time during the User's use of the Service.
4. The User warrants and agrees that the User has all rights, including
all copyrights, or has obtained all necessary third party copyright
or trademark licenses and permissions in relation to Your Information
and shall be solely responsible for ensuring that any material or
information posted on the Service or provided to Rusbiz.com or authorized
to Rusbiz.com to display or publish through the Service does not violate
the copyright, trademark, trade secret or any other personal or proprietary
rights of any third party or is posted with the
permission of the owner(s) of such rights. Notwithstanding any of
the above provisions, Rusbiz.com reserves the right to take any action
(including withdrawing any part or all of Your Information) Rusbiz.com
deems necessary or appropriate if, in Rusbiz.com's sole discretion,
Rusbiz.com believes may create liability for Rusbiz.com or may cause
Rusbiz.com to lose (in whole or in part) the services of its Internet
Service Providers or other suppliers or may cause us to contravene
any applicable laws or regulations regulating the conduct of web and/or
Internet related activities.
5. The User shall not use the Service for any unlawful or inappropriate
purposes, including without limitation, spoofing, sniffing, cheating,
fraud, forgery, electronic trespass, hacking and system contamination
including without limitation, use of viruses, worms and Trojans causing
unauthorized damage or harmful access and/or retrieval of information.
6. Any Request or Offer made through the Service or content and information
published through the Service or User’s Web Store shall not
(a) be fraudulent or make fraudulent offers or involve the sale or
purchase or attempted sale or purchase of counterfeit or stolen items
or otherwise promote other illegal activities;
(b) infringe or otherwise abet or encourage the infringement or violation
of any third parties' copyright, patent, trademark, trade secret or
other proprietary right(s);
(c) violate any applicable law, statute, ordinance or regulation (including
without limitation those governing export control, consumer protection,
unfair competition, anti-discrimination or false advertising);
(d) be obscene or contains or infers any pornography or sex-related
merchandising or any other sexual content or otherwise promotes sexually
explicit materials or is otherwise harmful to minors.
(e) Post any content that advocates, promotes, or otherwise encourages
violence against any governments, organizations, groups, or individuals
or that provides instruction, information, or assistance in causing
or carrying out such violence.
(f) Publish material that is grossly offensive to the Rusbiz online
community, blatant expressions of bigotry, prejudice, racism, hatred,
or excessive profanity; or post any obscene, lewd, lascivious, filthy,
excessively violent, harassing, or otherwise objectionable content.
7. The User shall not use the Messaging System for junk mail, chain
letters or spamming or the transmission of any unlawful, harassing,
libelous, abusive, threatening, harmful, vulgar, obscene or otherwise
objectionable material of any kind or nature. Further, the User shall
not use the Messaging System to publish, distribute, transmit or circulate
any unsolicited advertising or promotional information or any content
that is obscene, indecent, seditious, offensive, defamatory, threatening,
or which incites or results in causing racial hatred, discrimination,
menace or breach of confidence.
8. The User may not take any action which may undermine the integrity
of Rusbiz.com 's feedback system, such as leaving positive feedback
for himself using secondary User IDs or through third parties or by
leaving unsubstantiated negative feedback for another User.
1. Rusbiz.com is not involved in the actual transaction between Users.
As a result, Rusbiz.com has no control over the quality, safety or
legality of the items offered for sale, the truth or accuracy of the
listings, the ability of the suppliers to sell the items or the ability
of buyers to buy items. Further, Rusbiz.com cannot and does not control
whether or not sellers will complete the sale of items they offer
for sale or buyers would complete the purchase of the items they procure
through the Service. In addition, Users are hereby made aware that
there may be risks of dealing with foreign nationals, under-aged persons
or people acting under false pretences.
2. Users are solely responsible for all of the terms and conditions
of the transactions between themselves and other buyers and sellers
(as the case may be), including, without limitation, terms regarding
payment, returns, warranties, shipping, insurance, fees, taxes, title,
licenses, fines, permits, handling, transportation and storage.
3. Rusbiz.com does not endorse or make any representation or warranty
whatsoever (whether express or implied) and shall not be responsible
or liable under any circumstances whatsoever, in respect of
(a) any third party website hyperlinked to the Rusbiz.com website,
or any products, services, information, data or other content offered
or provided therein; and/or
(b) any product, service, information, data or other content offered
or provided by third parties in or through the Rusbiz.com website.
4. As Rusbiz.com acts only as a facilitator to the transactions between
Users, Rusbiz.com shall have no liability for the failure of any items
bought or sold via the Service to meet any specification, requirement
or description or for the breach or alleged breach of any warranty
given or made by the supplier or for the failure of the supplier to
deliver the items to the buyer or for the failure of the buyer to
make payment. As a condition for the use of the Service, each User
agrees to look solely to the other party to the transaction for damages
or liabilities incurred because of any failure to meet specification
or description, breach or alleged breach of warranty or failure to
make delivery or failure to make payment.
5. In the event that any User has a dispute with any party to a transaction,
the parties agree to release and indemnify Rusbiz.com and save us
harmless (and our agents, affiliates, directors and employees) from
all claims, demands, actions, proceedings, costs, expenses and damages
(including without limitation any actual, special, incidental or consequential
damages) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way
connected with such disputes.
Unless otherwise prohibited by any applicable law, all Users hereby
waive any statutory or regulatory provision or similar provision to
such effect which provides that: "A general release does not
extend to claims which the creditor does not know or suspect to exist
in his favor at the time of executing the release, which if known
by him must have materially affected his settlement with the debtor."
1. Users are hereby granted access to Rusbiz.com's various features,
directories, databases and listings in accordance with these terms
and conditions and as otherwise permitted by Rusbiz.com. Any other
use or attempt to use Rusbiz.com 's various features, directories,
databases and listings for commercial, copying, reproduction, mass
marketing (whether by spamming or not) or any other unauthorized purpose
is strictly prohibited. The User agrees that the User shall not commercially
exploit any information received or accessed through the Service including
but not limited to copying (through robots, spiders, any automatic
device or manual process) except with Rusbiz.com's prior written consent.
2. The User shall not use any device, software or routine to interfere
or attempt to interfere with the proper working of the Service. Each
User shall not undermine or attempt to undermine the security or integrity
of the computer systems or networks used by Rusbiz.com and/or any
user of the Service and shall not attempt to gain unauthorized access
to such computer systems or networks. The User shall not use the Service
for any illegal purposes or in support of any illegal purpose or activity.
3. Each User hereby represents, warrants and agrees to
(a) Provide true, accurate, current and complete information about
itself and its business referees as may be required by Rusbiz.com;
and
(b) Maintain and promptly amend all information to keep it true, accurate,
current and complete.
4. If any User provides any information that is untrue, inaccurate
or is not current or complete, or if Rusbiz.com has reasonable grounds
to suspect that such information is untrue, inaccurate or is not current
or complete, Rusbiz.com has the right to suspend or terminate such
User's membership and refuse any and all current or future use of
the Service or any other services that may be provided by Rusbiz.com.
5. Each User agrees and accepts that Rusbiz.com shall not actively
monitor nor exercise any editorial control whatsoever over the content
of Your Information or other material or information created, obtained
or accessible through the Service. Rusbiz.com does not endorse, verify
or otherwise certify the contents of any comments or other material
or information made by any User.
Each User is solely responsible for the contents of such User's information
and may be held legally liable or accountable for the content of each
such User's comments or other material or information. However, Rusbiz.com
reserves the right to remove any material it becomes aware of that
is in its sole discretion, potentially unlawful, could subject Rusbiz.com
to liability, violates these terms and conditions or is otherwise
found inappropriate. Rusbiz.com reserves the right to cooperate fully
with legal authorities and/or injured third parties in the investigation
of any suspected criminal or civil wrongdoing. Further, Rusbiz.com
reserves the right to suspend or terminate the membership of such
User, as Rusbiz.com deems appropriate in its sole discretion.
Further, each User agrees to indemnify Rusbiz.com, its employees,
agents and representatives and to hold them harmless, from any and
all losses, claims and liabilities (including legal costs on a full
indemnity basis) which may arise from the User's posting of information
or deletion thereof, from such User's use of the Service or from such
User's breach of these terms and conditions. Each User further agrees
that Rusbiz.com is not responsible, and shall have no liability to
it or anyone else for any material posted by such User or third parties,
including fraudulent, untrue, misleading, inaccurate, defamatory,
offensive or illicit material and that the risk of damage from such
material rests entirely with each User.
6. Each User represents, warrants
and agrees that it shall not use the Service for any unlawful or inappropriate
purposes, including without limitation, spoofing, sniffing, eavesdropping
or spamming other users, harassment, fraud, forgery, electronic trespass,
hacking, system contamination including without limitation use or
viruses, worms and Trojans causing unauthorized damaging or harmful
access and/or retrieval of information.
1. The rates for fees chargeable under the Service shall be published
on Rusbiz.com website. All fees (if any) shall be payable in advance
to Rusbiz.com by wire transfer, charging the User's credit card or
such other method acceptable to Rusbiz.com, in US Dollars or its equivalent
in such other currency as permitted by Rusbiz.com. Unless otherwise
agreed between Rusbiz.com and any User, all payments made are non-refundable.
2. All rates are exclusive of any taxes, duties or other governmental,
banking or transactional and handling charges or levies that each
User shall continue to be liable for as and when the same is imposed
or incurred.
3. Rusbiz.com reserves the right to modify its pricing structure and
payment conditions from time to time at its sole discretion if not
less than fifteen (15) days notice shall be given to each User.
1. Rusbiz.com may terminate the Service at any time on the giving
of at least one (1) months notice to the User or immediately by notice
if there is any breach of a material term of these terms and conditions
by the User.
2. Rusbiz.com may also terminate the provision of the Service to any
User if such User's membership has not been activated or his account
remains inactive for three (3) consecutive months. In such a case,
if the User wishes to reactivate his account, the User shall be required
to proceed with Rusbiz.com's registration process to re-register as
a User of the Service.
3. Without limitation to any remedies that may be available, Rusbiz.com
may immediately issue a warning, temporarily suspend (whether for
a fixed period or indefinitely) or terminate a User's membership,
any of the User's listings or any other information placed by the
User on Rusbiz.com's website if (a) the User breaches a material term
herein;(b) Rusbiz.com is unable to verify or authenticate any information
provided by the User; or(c) Rusbiz.com believes in its sole discretion
that the User's act or omission may cause legal liability for the
User, any other Users, third party service providers or Rusbiz.com.
Furthermore, Rusbiz.com may suspend or terminate any User's membership
if the User is found (whether by conviction, settlement, insurance
or escrow investigation or otherwise) to have engaged in fraudulent
activity in connection with the use of Rusbiz.com's website or the
Service.
4. Upon termination, all licenses, rights and privileges granted to
the User shall cease.
5. Notwithstanding any of the above provisions, termination of the
relationship herein shall not affect any accrued rights or liabilities
of either party nor shall it affect the coming into force or the continuance
in force of any provision contained herein which is expressly or by
implication intended to come into or continue in force on or after
such termination.
6. Clauses 2.4, 2.5, 2.6, 4.4, 4.5, 5.5, 7, 8 and 9 shall survive
the termination of the relationship between any User and Rusbiz.com
or the termination of these terms and conditions.
1. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS, AND RUSBIZ.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES,
REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
RUSBIZ.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY,
ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS
OR CURRENTNESS OF TECHNICAL AND ANY OTHER INFORMATION PROVIDED THROUGH
THE SERVICE.
2. Any material downloaded or otherwise obtained with the Service
is done at each User's sole discretion and risk and each User is solely
responsible for any damage to its computer system or loss of data
that results from the download of any such material. No advice or
information, whether oral or written, obtained by any User from Rusbiz.com
or through or from the Service shall create any warranty not expressly
stated herein.
3. Under no circumstances shall Rusbiz.com be held liable for any delay
or failure or disruption of the Service resulting directly or indirectly
from acts of nature, forces or causes beyond its reasonable control,
including without limitation, Internet failures, computer, telecommunications
or any other equipment failures, electrical power failures, strikes,
labor disputes, riots, insurrections, civil disturbances, shortages
of labor or materials, fires, flood, storms, explosions, Acts of God,
war, governmental actions, orders of domestic or foreign courts or
tribunals or non-performance of third parties. Each User hereby agrees
to indemnify and save Rusbiz.com, its employees, agents and representatives
harmless, from any and all losses, claims, liabilities (including
legal costs on a full indemnity basis) which may arise from such User's
use of the Service (including but not limited to the display of such
User's information on the Site) or from its breach of any of the terms
and conditions herein. Each User further agrees that Rusbiz.com is
not responsible and shall have no liability to it, for any material
posted by others; including defamatory, offensive or illicit material
and that the risk of damages from such material rests entirely with
each User.
4. Except to the extent that such liability cannot be excluded by
or limited by law, Rusbiz.com shall not be liable for any special,
direct, indirect, punitive, incidental or consequential damages or
any damages whatsoever (including but not limited to damages for loss
of profits or savings, business interruption, loss of information)
whether or not advised of the possibility of damage, regardless of
the form of action, whether in contract, negligence, tort or otherwise
or any other damages resulting from
(a) the use or the inability to use the Service;
(b) the cost of procurement of substitute goods and services resulting
from any goods, samples, data, information or services purchased or
obtained or messages received or transactions entered into of through
of from the Service;
(c) unauthorized access to or alteration of transmissions or data;
(d) statements or conduct of any third party on the Service; or
(e)
any other matter relating to the Service however arising, including
negligence.
5. Notwithstanding any of the foregoing provisions, the aggregate
liability for Rusbiz.com to each User for all claims arising from
the use of the Service is limited to US$10.00. All claims arising
from the use of the Service must be filed within one (1) year from
the date the cause of action arose.
ZAO Sozvezdie Nakosy is the sole owner of all the rights to the Service.
The Service embodies trade secrets and intellectual property rights
protected under worldwide copyright and other laws. All title, ownership
and intellectual property rights in the Service shall remain with
ZAO Sozvezdie Nakosy. All rights not otherwise claimed herein or by
ZAO Sozvezdie Nakosy are hereby reserved.
"Rusbiz.com", "Rusbiz.ru", "Global E-commerce
Network!", and related icons and logos in various languages and
translations, are trademarks and service marks of ZAO Sozvezdie Nakosy
in the United States, Russian Federation and other countries and are
protected under applicable copyright, trademark and other proprietary
rights laws. The unauthorized copying, modification, use or publication
of these marks is strictly prohibited.
1. These terms and conditions constitute the entire agreement between
the User and Rusbiz.com; and govern the use of the Service, superseding
any prior written or oral agreements in relation to the same subject
matter herein.
2. If any provision herein is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall
be enforced.
3. Headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such section.
4. Rusbiz.com's failure to enforce any right or failure to act with
respect to any breach by a User under these terms and conditions will
not waive that right nor waives Rusbiz.com's right to act with respect
with subsequent or similar breaches.
5. Rusbiz.com shall have the right to assign their obligations and
duties herein to any person or entity.
These terms and conditions shall be governed by the laws of the Russian
Federation and the Parties hereby irrevocably submit to the competent
courts of Moscow, Russia. If local laws prohibit your participation
in any part of the Rusbiz Service, or use of them, you are responsible
for complying with such laws as well as the terms and conditions of
this agreement.
You represent and warrant that you are 18 years old or over; have
read this Terms and Conditions of Use and agree to be bound with them. |
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