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This Agreement (referred to as the
"Agreement" herein) is between you and Davitoz Ltd., a limited
company registered in Bulgaria, whose registered office is located at
Hristo Botev Str. 21, 8000 Burgas Bulgaria.
1. The Grant of License
Davitoz Ltd. grants you a non-exclusive, non-transferable, limited license
for your personal, non-commercial use. You have the right to access, use
and display the online courses, classes and services you enroll in (at the
"www.davitozonline.com") made available on the web site
(the "Davitoz Site"), provided that you comply fully with this
agreement. Your enrollment begins, when Davitoz issues your User-ID.
The content at www.davitozonline.com is available through
payment of the enrollment fee. You agree to pay, using a valid credit card
or other payment methods, which Davitoz Ltd. accepts, the enrollment fee set
forth at the site www.davitozonline.com, applicable taxes and other
charges incurred on your account, in order to access the content at www.davitozonline.com.
In addition to the charges, set forth above, you are responsible for all
charges associated with connecting to the www.davitozonline.com,
including without limitation telephone access, telephone and computer
equipment and any service fees necessary to access the
www.davitozonline.com.
For purposes of identification and billing you agree
to provide Davitoz Ltd. with accurate, complete and current information,
required on the online enrollment form, including your full name, address,
e-mail address and applicable payment data (e.g. credit card number and
expiration date). Failure to comply with this provision may, at Davitoz
Ltd.'s option, result in immediate suspension or termination of your right
to use the www.davitozonline.com.
As part of the enrollment process, you will select a
password. You are solely responsible for maintaining the confidentiality
of any password, you use to access the www.davitozonline.com, and
agree that www.davitozonline.com will have no obligations with regard
thereto.
You agree to be financially responsible for all usage
or activity on your www.davitozonline.com account. You agree to
promptly notify www.davitozonline.com, in the event of any known or
suspected unauthorized use of your LP content account, or any known or
suspected breach of security, including loss, theft, or unauthorized
disclosure of your password or credit card information. In the event of a
breach of security, you will remain liable for any unauthorized use of
your www.davitozonline.com account until you notify
www.davitozonline.com. If your credit card expires, is canceled, is lost
or is subject to use without your authorization, or if your enrollment is
subject to use without your authorization, notify us promptly.
2. License Restrictions
You agree to use the www.davitozonline.com site and www.davitozonline.com
content only in a non-commercial manner. You may not in any way exploit
the www.davitozonline.com site or any portion thereof for any public or
commercial use without the written permission of
www.davitozonline.com. You may not rent, lease, sublicense, decompile, reverse
engineer, disassemble, modify, electronically or otherwise transfer, make
or distribute copies of the www.davitozonline.com content, or create
derivative works based upon the www.davitozonline.com content.
3. Copyright
All title and copyrights in and to the www.davitozonline.com content
(including but not limited to any images, animations, video, audio, music,
text and "applets" incorporated into the www.davitozonline.com
content), accompanying printed materials, if any, and any copies of the
www.davitozonline.com content are owned by Davitoz Ltd. or its suppliers.
The content of www.davitozonline.com is protected by copyright
laws and international treaty provisions. Therefore, you must treat the
www.davitozonline.com content like any other copyrighted material. You
agree not to use any trademarks, service marks, names, logos or other
identifiers of www.davitozonline.com or its employees, providers and
affiliates without the prior written permission of www.davitozonline.com
or of their respective owners. In addition, you may not use our
trademarks:
- in, as or as part of your own trademarks or those of any third
parties;
- to identify products or services that are not those of
www.davitozonline.com;
- in a manner likely to cause confusion;
- or in a manner that implies inaccurately that www.davitozonline.com
sponsors or endorses or is otherwise connected with your activities,
products and services or those of third parties.
4. Privacy Policy
Davitoz's policy is to keep any information collected directly on the site
strictly private and not to provide any personally identifying information,
directly collected, to any third party for any purpose. However, Davitoz
reserves the rights to disclose any personal information or other
information in its possession regarding users of the www.davitozonline.com
content in cooperation with any law, regulation, or governmental or agency
request.
5. Children's Guidelines
Davitoz Ltd. requires that children consult with their parents when
furnishing any personally identifiable information about themselves and we
seek verifiable consent from a parent. No information should be submitted
to www.davitozonline.com by children underage without their parent's or
guardian's consent. On the online payment form children are required to receive their parental
or other parental figure consent before enrolling. Parents are required to
supply additional information that assume their knowledge of the
children's enrollment. When this additional information is provided,
www.davitozonline.com communicates with the parents via e-mail to inform
them of the children's actions. Parents are then invited to reply
confirming their knowledge of their children's enrollment.
6. Indemnification
You hereby agree to indemnify, defend and hold harmless
www.davitozonline.com and its affiliates from and against any and all
liability and costs incurred by Davitoz Ltd. or the affiliates in
connection with any claim arising out of any breach or alleged breach of
any of your obligations set forth herein. You shall cooperate as fully as
reasonably required in the defense of any claim. Davitoz Ltd. reserves the
right, at its own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you and you shall not
in any event settle any matter without the written consent of
www.davitozonline.com.
7. Disclaimer of Warranty
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE, INCLUDING ALL CONTENT,
SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR
ACCESSED BY MEANS THEREOF ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR
NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Davitoz Ltd.
MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER
ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY LP. LP DOES
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE LP CONTENT
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT
THE SITE OR LP CONTENT WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR
QUALITY, OR THAT THE SITE OR THE SERVER(S), ON WHICH THE SITE IS OPERATED,
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8. Limitation of Liability
USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND
RISK OF LOSS, RESULTING FROM YOUR DOWNLOADING, AND/OR USE OF FILES,
INFORMATION, COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING WITHOUT
LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.
UNDER NO CIRCUMSTANCES SHALL LP, OR ANY PROVIDER OF TELECOMMUNICATIONS OR
NETWORK SERVICES FOR LP, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL OR
CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE
OF, OR THE INABILITY TO USE, THE SITE OR THE LP CONTENT, EVEN IF LP OR
THE PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF LP HEREUNDER IS
LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF
THE LP CONTENT. YOU HEREBY RELEASE LP FROM ANY AND ALL OBLIGATIONS,
LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
Some states do not allow the limitation or exclusion of
liability for incidental or consequential damages so the above limitation
or exclusion may not apply to you. You may have other rights, which vary
from state to state.
9. Termination
In addition to any other rights of the parties set forth herein, either
you or Davitoz Ltd. may cancel or terminate this agreement at any time.
There will be no refunds for unused time under the term of your
enrollment. Davitoz Ltd. also reserves the right to restrict, suspend or
terminate your access to the www.davitozonline.com content in whole or in
part, without notice, with respect to any breach or threatened breach of
any portion of this agreement. If Davitoz Ltd. terminates this agreement
based on a breach of any portion of the agreement, Davitoz Ltd. reserves
the right to refuse to provide an enrollment or any www.davitozonline.com
content to you in the future.
10. Modifications to the
Agreement
Davitoz Ltd. has the right to modify this agreement and any policies
affecting the www.davitozonline.com content. Any modification is effective
immediately upon posting to the www.davitozonline.com site or distribution
via electronic mail or conventional mail. Your continued use of the
www.davitozonline.com content following notice of any modification to this
agreement shall be conclusively deemed an acceptance of all such
modification(s). Your only right with respect to any dissatisfaction with
any modifications, made pursuant to this provision, or any policies or
practices of Davitoz Ltd. in providing the www.davitozonline.com content,
including without limitation any change in the www.davitozonline.com
content, or any change in the amount, type, or number of fees associated
with the www.davitozonline.com content, is to cancel your enrollment.
10. Modifications to the www.davitozonline.com
site
Davitoz Ltd. has the right to modify, suspend or discontinue the
www.davitozonline.com site or any portion thereof at any time, including
the availability of any area of the www.davitozonline.com site, including
without limitation the www.davitozonline.com content. Davitoz Ltd. may also
impose limits on certain features and services or restrict your access to
parts or all of the www.davitozonline.com site without notice or
liability.
11. General
This agreement constitutes the entire agreement between you and Davitoz
Ltd. with respect to the www.davitozonline.com site and, if applicable, the
www.davitozonline.com content and supersedes all prior agreements between
you and Davitoz Ltd. Failure by Davitoz Ltd. to enforce any provision of
this agreement shall not be construed as a waiver of any provision or
right.
Interpretation and enforcement of this agreement shall
be governed by the laws of the Republic of Bulgaria. You consent irrevocably
to personal jurisdiction in the courts of the Republic of Bulgaria for any
action arising out of or relating to your use of the www.davitozonline.com
site or www.davitozonline.com content. The courts of the Republic of Bulgaria
shall have exclusive jurisdiction over all such actions. In any such
action the prevailing party shall be entitled to recover all legal
expenses incurred in connection with the action, including but not limited
to its costs, both taxable and non-taxable, and reasonable attorney's
fees.
In the event that any portion of this agreement is held
unenforceable, the unenforceable portion shall be construed in accordance
with applicable law as nearly as possible to reflect the original
intentions of the parties and the remainder of the provisions shall
remain in full force and effect.
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