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TERMS OF USE AGREEMENT
TERMS OF USE AGREEMENT between www.Discovering Russia.com, an interactive
online service operated by Discovering Russia,
and each person who accesses Discovering Russia's
website and related services ("Subscriber").
www.Discovering Russia.com is the interactive online service operated
by Discovering Russia, and consists of
information, services, and content provided by Discovering Russia.
By accessing Discovering Russia, Subscriber
is deemed to have agreed to comply with all of the terms and conditions
hereof.
I. Personal and Noncommercial Use Limitation.
A. Discovering Russia is for Subscriber’s
personal and noncommercial use. Subscriber may not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information,
software, products or services obtained from this Web site.
II. Copyright.
A. Discovering Russia contains copyrighted
material, trademarks and other proprietary information including,
but not limited to, text, software, photos, video, graphics, music
and sound, and the entire contents of Discovering Russia
are copyrighted as a collective work under the United States copyright
laws. Discovering Russia owns and/or
controls copyright in the selection, coordination, arrangement
and enhancement of such content, as well as in the content original
to it. Subscriber may not modify, publish, transmit, participate
in the transfer or sale, create derivative works, or in any way
exploit, any of the content, in whole or in part. Subscriber may
download copyrighted material for Subscriber's personal use only.
Except as otherwise expressly permitted under copyright law, no
copying, redistribution, publication or commercial exploitation
of downloaded material will be permitted without the express permission
of Discovering Russia and the copyright
owner. In the event of any permitted copying, redistribution or
publication of copyrighted material, no changes in or deletion
of author attribution, trademark, legend or copyright notice shall
be made.
B. Subscriber shall not submit to, post or otherwise make available
on, Discovering Russia any material (including without limitation
e-mail messages, pictures, files, documents, sounds, videos, links,
articles, essays and reviews (all of the foregoing, collectively,
"Subscriber Submissions")), protected by copyright,
trademark or other proprietary right without the express permission
of the owner of the copyright, trademark or other proprietary
right and the burden of determining that any material is not protected
by copyright rests with Subscriber. Subscriber may submit public
domain materials and is responsible for and assumes all risks
with respect to the determination of whether Subscriber Submissions
are in the public domain. Subscriber shall be solely liable for
any damages resulting from any infringement of copyrights, proprietary
rights, or any other harm resulting from any such Subscriber Submissions.
Subscriber hereby grants Discovering Russia
the right to edit, copy, publish and distribute any material made
available on Discovering Russia by Subscriber, including but not
limited to any material posted by Subscriber on Discovering Russia
bulletin boards, chat rooms, or other message or communication
facilities (collectively "Forums"), and any email queries
submitted by Subscriber to Discovering Russia. Specifically, without
limitation, Discovering Russia may from time to time reproduce
selected Subscriber Submissions on its Forums or in other materials
so that other Subscribers may respond hereto.
C. Discovering Russia respects the intellectual property of others,
and asks Subscribers to do the same. Discovering Russia
may, in appropriate circumstances and at its discretion, deny
access to visitors to this site who infringe our intellectual
property rights.
1. If Subscriber believe that any Subscriber Submissions have
been copied by Discovering Russia in a way that constitutes copyright
infringement, please provide Discovering Russia
the following information: (a) an electronic or physical signature
of the person authorized to act on behalf of the owner of the
copyright interest; (b) a description of the copyrighted work
that Subscriber claim has been infringed; (c) a description of
where the material that Subscriber claim is infringing is located
on the site; (d) Subscriber’s address, telephone number,
and email address; (e) a statement by Subscriber that Subscriber
have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; and (f) a statement
by Subscriber, made under penalty of perjury, that the above information
in Subscriber’s notice is accurate and that Subscriber are
the copyright owner or authorized to act on the copyright owner's
behalf.
2. Discovering Russia’s address for notice of claims of copyright
infringement can be reached as follows: M. D. Miller, Discovering Russia,
444 Madison Avenue, Suite 2107, New York, NY 10022, U.S.A. or
by e-mail at: webmaster@Discovering Russia .com
III. Disclaimer of Warranty; Limitation of Liability.
A. SUBSCRIBER EXPRESSLY AGREES THAT USE OF Discovering Russia
IS AT SUBSCRIBER'S SOLE RISK. DISCOVERINGRUSSIA DOES NOT WARRANT
THAT DISCOVERINGRUSSIA WILL BE UNINTERRUPTED OR ERROR FREE; NOR
DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM USE OF DISCOVERINGRUSSIA, OR AS TO THE ACCURACY, RELIABILITY
OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED
THROUGH THE ONLINE SERVICES.
B. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED
ON DISCOVERINGRUSSIA MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
DISCOVERINGRUSSIA, ITS AFFILIATES, AND/OR RESPECTIVE SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN DISCOVERINGRUSSIA AT ANY
TIME.
C. DISCOVERINGRUSSIA IS PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN
THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS
AGREEMENT.
D. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH
OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT THE
ONLINE DISTRIBUTOR IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE,
OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES AND THAT
THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
IV. Subscriber Conduct and Submissions.
A. No Unlawful or Prohibited Use
1. As a condition of Subscriber’s use of Discovering Russia,
Subscriber warrant that Subscriber will not use Discovering Russia
for any purpose that is unlawful or prohibited by these terms,
conditions, and notices.
B. Subscriber Submissions
1. Subscriber agree to use the Forums only to send and receive
Subscriber Submissions that are proper and related to the particular
Forum.
C. Subscriber shall not post or transmit through Discovering Russia
any material which violates or infringes in any way upon the rights
of others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane,
indecent or otherwise objectionable, which encourages conduct
that would constitute criminal offense, give rise to civil liability
or otherwise violate any law, or which, without Discovering Russia
express prior approval, contains advertising or any solicitation
with respect to products or services. Any conduct by a Subscriber
that in Discovering Russia discretion restricts or inhibits any
other subscriber from using or enjoying Discovering Russia
will not be permitted.
D. Subscriber acknowledges that all Subscriber Submissions are
public and not private communications. Further, Subscriber acknowledge
that Subscriber Submissions by other Subscribers are not endorsed
by Discovering Russia , and such Subscriber
Submissions shall not be considered reviewed, screened, or approved
by Discovering Russia. Discovering Russia
reserves the right for any reason to remove without notice Subscriber
Submissions received from Subscribers, including without limitation
Forum postings. Discovering Russia reserves
the right to deny in its sole discretion any Subscriber access
to Discovering Russia or any portion thereof without notice.
E. Neither Discovering Russia nor Marc David Miller represent or
endorse the accuracy or reliability of any Subscriber Submissions,
information provider or any other person or entity. Subscriber
acknowledge that any reliance upon any such opinion, advice, statement,
memorandum, or information shall be at Subscriber’s sole
risk. THE SERVICE AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED
ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. SUBSCRIBER HEREBY ACKNOWLEDGE THAT USE OF
Discovering Russia IS AT SUBSCRIBER’S SOLE RISK.
V. Software Available on This Web Site.
A. Any software that is made available to download from Discovering Russia
("Software") is the copyrighted work of Discovering Russia
and/or its affiliates and/or their suppliers. Subscriber’s
use of the Software is governed by the terms of the end Subscriber
license agreement, if any, which accompanies or is included with
the Software ("License Agreement"). Subscriber may not
install or use any Software that is accompanied by or includes
a License Agreement unless Subscriber first agree to the License
Agreement terms.
B. For any Software not accompanied by a License Agreement, the
owner of the Software hereby grants to Subscriber, the Subscriber,
a personal, nontransferable license to use the Software for viewing
and otherwise using this Web site in accordance with these terms
and conditions and for no other purpose.
C. Please note that all Software, including without limitation
all HTML code, templates or other materials contained in Discovering Russia
, is owned by Discovering Russia and/or its suppliers and is protected
by copyright laws and international treaty provisions. Any reproduction
or redistribution of the Software is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible.
D. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF
THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTEED,
IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
E. Subscriber acknowledge that the Software and any accompanying
documentation and/or technical information is subject to applicable
export control laws and regulations of the U.S.A. Subscriber agree
not to export or re-export the Software, directly or indirectly,
to any countries that are subject to U.S.A. export restrictions.
VI. Links to Third-Party Sites.
A. This Web site may contain hyperlinks to Web sites operated
by parties other than Discovering Russia . Such hyperlinks are
provided for Subscriber’s reference only. Discovering Russia
does not control such Web sites and is not responsible for their
contents. Discovering Russia’s inclusion of hyperlinks to
such Web sites does not imply any endorsement of the material
on such Web sites or any association with their operators.
VII. Monitoring.
A. Discovering Russia shall have the right, but not the obligation,
to monitor the content of Discovering Russia , including bulletin
boards and forums, to determine compliance with this Agreement
and any operating rules established by Discovering Russia. Discovering Russia
shall have the right in its sole discretion to edit, refuse to
post or remove any Subscriber Submissions. Without limiting the
foregoing, Discovering Russia shall have the right to remove any
material that it finds to be in violation of the provisions hereof
or otherwise objectionable, and the additional right to deny any
Subscriber who fails to conform to any provision of this Terms
of Use Agreement access to Discovering Russia.
VIII. Indemnification.
A. Subscriber represents, warrants and covenants (a) that no Subscriber
Submissions will (i) violate, plagiarize, or infringe upon the
rights of any third party, including copyright, trademark, privacy
or other personal or proprietary rights; or (ii) contain libelous
or otherwise unlawful material; and (b) that Subscriber are at
least thirteen years old. Subscriber hereby indemnifies, defends
and holds harmless Discovering Russia, Marc David Miller, and all
officers, directors, owners, agents, information providers, affiliates,
licensors and licensees (collectively, the "Indemnified Parties")
from and against any and all liability and costs, including, without
limitation, reasonable attorneys' fees, incurred by the Indemnified
Parties in connection with any claim arising out of any breach
by Subscriber of this Terms of Use Agreement or the foregoing
representations, warranties and covenants. Subscriber shall cooperate
as fully as reasonably required in the defense of any such claim.
IX. Modification of these Terms and Conditions.
A. Discovering Russia shall have the right at any time to change
or modify the terms and conditions applicable to Subscriber's
use of Discovering Russia or any part thereof, or to impose new
conditions, including but not limited to, adding fees and charges
for use. Such changes, modifications, additions, or deletions
shall be effective immediately upon posting on Discovering Russia
or by any means of notification by which Subscriber obtains actual
knowledge thereof. Any use of Discovering Russia by Subscriber
after such notice shall be deemed to constitute acceptance by
Subscriber of such changes, modifications, additions or deletions.
B. Discovering Russia may change, suspend or discontinue any aspect
of Discovering Russia at any time, including, but not limited to,
the availability of any feature, database, content, hours of availability,
and equipment needed for access or use. Discovering Russia may
also impose limits on certain features and services or restrict
Subscriber’s access to parts or all of Discovering Russia
without notice or liability.
X. Equipment.
A. Subscriber shall be responsible for obtaining and maintaining
all telephone, computer hardware, and other equipment needed for
access to and use of Discovering Russia and all charges related
thereto.
XI. General
A. This agreement is governed by the laws of the State of New
York, U.S.A. Subscriber hereby consent to the exclusive jurisdiction
and venue of courts in New York, U.S.A., in all disputes arising
out of or relating to the use of Discovering Russia. Use of Discovering Russia
is unauthorized in any jurisdiction that does not give effect
to all provisions of these terms and conditions, including without
limitation this paragraph. Subscriber agree that no joint venture,
partnership, employment, or agency relationship exists between
Subscriber and Discovering Russia or its suppliers as a result
of this agreement or use of Discovering Russia. Discovering Russia
performance of this agreement is subject to existing laws and
legal process, and nothing contained in this agreement is in derogation
of Discovering Russia’s right to comply with law enforcement
requests or requirements relating to Subscriber’s use of
this Discovering Russia or information provided to or gathered
by Discovering Russia with respect to such use. If any part of
this agreement is determined to be invalid or unenforceable pursuant
to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by
a valid, enforceable provision that most closely matches the intent
of the original provision and the remainder of the agreement shall
continue in effect. This agreement constitutes the entire agreement
between Subscriber and Discovering Russia with respect to Discovering Russia
and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral, or written, between the
customer and Discovering Russia, with respect to Discovering Russia.
A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same
extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or
data mentioned herein are not intended to represent any real individual,
company, product, or event. Any rights not expressly granted herein
are reserved.
©2002 Discovering Russia. All rights reserved.
PRIVACY STATEMENT
Discovering Russia has created this privacy statement in order
to demonstrate our firm commitment to privacy. The following discloses
our information gathering and dissemination practices for this
website: Discovering Russia.
We use your IP address to help diagnose problems with our server,
and to administer our Web site. Your IP address is used to gather
broad demographic information.
Our site's registration form requires users to give us contact
information (like their name and email address), financial information
(like their account or credit card numbers), and demographic information
(like their zip code, age, or income level). We use customer contact
information from the registration form to send the user information
about our company and promotional material from some of our partners.
The customer's contact information is also used to contact the
visitor when necessary and shared with other companies who may
want to contact our visitors. Users may opt-out of receiving future
mailings; see the choice/opt-out section below. Financial information
that is collected is used to check the users' qualifications for
registration. Demographic and profile data is also collected at
our site. We use this data to tailor the visitor's experience
at our site, showing them content that we think they might be
interested in, and displaying the content according to their preferences.
This information is shared with advertisers on an aggregate basis.
This site contains links to other sites. Discovering Russia is
not responsible for the privacy practices or the content of such
Web sites.
Our online surveys ask visitors for contact information (like
their email address), financial information, and demographic information
(like their zip code, age, or income level). We use contact data
from our surveys to send the user information about our company
and promotional material from some of our partners. The customer's
contact information is also used to contact the visitor when necessary
and shared with other companies who may want to contact our visitors.
Users may opt-out of receiving future mailings; see the choice/opt-out
section below. Financial information that is collected from our
users is used to check the users' qualifications. Demographic
and profile data is also collected at our site. We use this data
to tailor our visitor's experience at our site, showing them content
that we think they might be interested in, and displaying the
content according to their preferences. This information is shared
with advertisers on an aggregate basis.
We may run contests on our site in which we ask visitors for contact
information (like their email address), financial information
(like their account or credit card numbers), and demographic information
(like their zip code, age, or income level). We use contact data
from our contests to send users information about our company
and promotional material from some of our partners. The customer's
contact information is also used to contact the visitor when necessary
and shared with other companies who may want to contact our visitors.
Users may opt-out of receiving future mailings; see the choice/opt-out
section below. Financial information that is collected from our
users is used to check the users' qualifications for registration.
Demographic and profile data is also collected at our site. We
use this data to tailor our visitor's experience at our site,
showing them content that we think they might be interested in,
and displaying the content according to their preferences. This
information is shared with advertisers on an aggregate basis.
We may use an outside ad company to display ads on our site. Ads
may contain cookies, and appear to be coming from our site, but
in reality they are coming from our partners who are serving ads
on our site. Our site does not use cookies. We do not have access
to any information about you from cookies you might receive while
visiting our site.
Public Forums
This site makes chat rooms, forums, message boards, and/or news
groups available to its users. Please remember that any information
that is disclosed in these areas becomes public information and
you should exercise caution when deciding to disclose your personal
information.
Security
This site has security measures in place to protect the loss,
misuse and alteration of the information under our control.
Children's Guidelines
This site is designed for those 18 years of age and older.
Choice/Opt-Out
Our site provides users the opportunity to opt-out of receiving
communications from us and our partners at the point where we
request information about the visitor.
This site gives users the following options for removing their
information from our database to not receive future communications
or to no longer receive our service.
You can send email to register@Discovering Russia.com
Correct/Update
This site allows for changing and modifying information previously
provided. Please email register@Discovering Russia.com to notify
us of any such changes.
Contacting the Web Site
If you have any questions about this privacy statement, the practices
of this site, or your dealings with this Web site, you can contact
Webmaster
Discovering Russia
444 Madison Avenue, Suite 2107
New York, NY 10022
info@Discovering Russia.com
©2002 Discovering Russia. All rights reserved.
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