1.1 This agreement governs your use of the COGIPAS.com Internet information service (the “Service”), which is operated by ‘Nerel Online' (“OPERATOR”). Additional terms and conditions of use applicable to specific areas of the Service may also be posted in the
http://www.cogipas.com/terms-of-use area and, together with this agreement, govern your use of those areas. This agreement, together with any such additional terms and conditions are referred to as this “Agreement” in this document.
1.2 OPERATOR reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Service. Your continued use of the Service constitutes your binding acceptance of these
terms and conditions, including any changes or modifications made by OPERATOR. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service.
2. Use of Content.
2.1 You acknowledge that the Service contains information, links to, software, photographs, audio and video clips, graphics, other links and other material (collectively, the “Content”) that are protected by copyright, trademark or other proprietary rights of OPERATOR or third parties. All Content on the Service is copyrighted as a collective work of OPERATOR pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in
any Content available on or accessed through the Service. Users of the Service may use the Content only for their own personal, non-commercial use.
2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright. You may post on the Service any Content owned by you (such as your original statements), Content for which you have received express permission from the owner and Content in the public domain. You assume all risk and responsibility for determining whether any Content is in the public domain. You grant to OPERATOR the right to edit, copy, publish, distribute, translate and otherwise use in any medium any Content that you place on the Service without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
2.3 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any significant portion of any Content. Except as expressly
permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of OPERATOR or the owners of such Content or their authorized persons, if other than OPERATOR. You may download from the Service any Content in the public domain for your own personal use or for non-commercial redistribution.
3. Rules of Conduct. You shall not post on the Service any Content which (a) is libelous, defamatory, obscene, abusive, harassing or
threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as Content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or (d) otherwise
violates any applicable law. You shall not use the Service for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services or to solicit users to join competitive online services.
4. Managing Content. OPERATOR does not and cannot review the Content posted by users on the Service and is not responsible for such Content. However, OPERATOR reserves the right to delete, move or edit any Content (including Content posted in
any discussion areas) that it may determine, in its sole discretion, violates this Agreement or is otherwise unacceptable. You shall remain solely responsible for all Content posted by you. OPERATOR shall have the right, but not the obligation, to correct any
errors or omissions in any Content, as it may determine in its sole discretion.
5. No Endorsement.
5.1 OPERATOR does not represent or endorse the accuracy or reliability of any Content posted on any discussion areas and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed on any discussion areas by users
are the views of the user posting the statement, and do not represent the views of OPERATOR.
5.2 The Service may contain links to sites on the Internet which are owned and operated by third parties (the “External Sites”). To assist you, such links to External Sites may be designated with the symbol » contained in the hyperlink. You acknowledge
that OPERATOR is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on
such External Sites.
6. Indemnity. You agree to indemnify, defend and hold OPERATOR and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “OPERATOR Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any OPERATOR Party in connection with any use or alleged use of the Service under your password by any person, whether or not authorized by you. OPERATOR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to co-operate with OPERATOR's defense of such claim.
7. Termination of Service. OPERATOR reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service, including the Interactive Areas, at any time for any reason without prior notice or liability. OPERATOR may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content (including the Interactive Areas), without prior notice or liability.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
8.1 NEITHER OPERATOR NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES OPERATOR, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. NONE OF OPERATOR, THIRD PARTY
CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY 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, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. NEITHER OPERATOR NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE
FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
8.2 NEITHER OPERATOR, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3 SOME STATES AND JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF OPERATOR, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. Bookmarking. Bookmarking to a page on the Site whereby any warning page(s) and/or terms and conditions are by-passed shall
constitute an implicit acceptance of the terms and conditions herein.
11. About Copyright. COGIPAS.com cannot over-emphasize that we do not condone in any way the unauthorized scanning, copying, possession, collecting, trading or distribution of copyright materials. People and organizations spend a great deal of time and money in the design, publication and production of their work. Accordingly, they have the right to assert control over the unauthorized use of their copyright material and enforce compliance with copyright laws. Unfortunately, many Internet users do not realize that they may be breaking copyright laws when they post, copy, download and/or distribute copyright materials. Unless you have obtained authorization from the actual copyright or trademark holder to do so, please understand that your actions could be a violation of copyright laws.
12. Miscellaneous. This Agreement shall be construed in accordance with the laws of the Republic of AUSTRIA, and the parties irrevocably consent to bring any action to enforce this Agreement in the courts located in Vienna, AUSTRIA. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. Sections 2, 3, 7 and 8 shall survive any termination of this Agreement as well as any other provisions which by their terms or sense are intended to survive.