Правила использования
Правила использования доступны только на английском языке.
Last change: 20th February 2008.
Preface
The service Donkr.com, DonkrDeals.com and DonkrHand.com (also mentioned as "Donkr","The Company","The service","The site","We", or "Us") is operated by Donkr International Ltd, registered on Malta.
By using Donkr you (the "User") automatically accept these Terms of Use and the Privacy Policy, whether or not you are a member of Donkr.com. If you do not accept the Terms of Use or Privacy Policy, do not use this Donkr.com.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice.
If we do this, we will post the changes to these Terms of Use on this page. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use.
It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS.
Eligibility
This site is solely for users who are over eighteen (18) years of age. Any use of the site, either registered or not, are unauthorized, unlicensed and in violation with
these Terms of Use.
By using the Service or the Site, you represent and warrant that you older than 18 and that you agree to and to abide by all of the terms and conditions of this Agreement.
Registration
When using this site you are responsible to provide correct and up to date information when registering at Donkr.com. You are also responsible to
at all times keep your information updated and correct. Accounts registered with false information can be closed without warning.
You are responsible to keep your login details secure. Donkr takes no responsibility for misuse of your account, and you are solely responsible for all
actions taken by the use of your account.
Proprietary Rights
All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site.
Except for your own User Content, you may not upload or republish Site
Content on any Internet, Intranet or Extranet site or incorporate the
information in any other database or compilation, and any other use of
the Site Content is strictly prohibited. Such license is subject to
these Terms of Use and does not include use of any data mining, robots
or similar data gathering or extraction methods. Any use of the Site or
the Site Content other than as specifically authorized herein, without
the prior written permission of Company, is strictly prohibited and
will terminate the license granted herein.Such unauthorized use may also violate applicable laws including
copyright and trademark laws and applicable communications regulations
and statutes
Use of the site
The Service and
the Site are available only for your personal, non-commercial use. You
represent, warrant and agree that no materials of any kind submitted
through your account or otherwise posted, transmitted, or shared by you
on or through the Service will violate or infringe upon the rights of
any third party, including copyright, trademark, privacy, publicity or
other personal or proprietary rights; or contain libelous, defamatory
or otherwise unlawful material.
If you without a explicit written concent from Donkr, use your account, directly or indirectly, for commercial use, you will be
personally responsible. By voilation of these Terms concidering commercial use, Donkr can hold you economically responsible for its losses or potential losses.
When uploading content to or posting content on the Site, you automatically grant Donkr the right to,without any notification or economical compensation to you, use and republish the content in all media or forms.
In addition you agree not to:
- harvest or collect email addresses or other contact information
of other users from the Service or the Site by electronic or other
means for the purposes of sending unsolicited emails or other
unsolicited communications;
- use the Service or the Site in any
unlawful manner or in any other manner that could damage, disable,
overburden or impair the Site;
- use automated scripts to collect information from or otherwise interact with the Service or the Site;
- upload,
post, transmit, share, store or otherwise make available any content
that we deem to be harmful, threatening, unlawful, defamatory,
infringing, abusive, inflammatory, harassing, vulgar, obscene,
fraudulent, invasive of privacy or publicity rights, hateful, or
racially, ethnically or otherwise objectionable;
- upload,
post, transmit, share, store or otherwise make available any videos
other than those of a personal nature that: (i) are of you or your
friends, (ii) are taken by you or your friends, or (iii) are original
art or animation created by you or your friends;
- register for
more than one User account, register for a User account on behalf of an
individual other than yourself, or register for a User account on
behalf of any group or entity;
- impersonate any person or
entity, or falsely state or otherwise misrepresent yourself, your age
or your affiliation with any person or entity;
- upload, post,
transmit, share or otherwise make available any unsolicited or
unauthorized advertising, solicitations, promotional materials, "junk
mail," "spam," "chain letters," "pyramid schemes," or any other form of
solicitation;
- upload, post, transmit, share, store or
otherwise make publicly available on the Site any private information
of any third party, including, addresses, phone numbers, email
addresses, Social Security numbers and credit card numbers;
- solicit
personal information from anyone under 18 or solicit passwords or
personally identifying information for commercial or unlawful purposes;
- upload,
post, transmit, share or otherwise make available any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
- intimidate or harass another;
- upload,
post, transmit, share, store or otherwise make available content that
would constitute, encourage or provide instructions for a criminal
offense, violate the rights of any party, or that would otherwise
create liability or violate any local, state, national or international
law;
- use or attempt to use another's account, service or system
without authorization from the Company, or create a false identity on
the Service or the Site.
- upload, post, transmit, share, store
or otherwise make available content that, in the sole judgment of
Company, is objectionable or which restricts or inhibits any other
person from using or enjoying the Site, or which may expose Company or
its users to any harm or liability of any type.
- post content on the forum that is in violation with our forum rules.
You are solely responsible for the photos, profiles (including your
name, image, and likeness), messages, blogs, articles, forum posts, information,
video, and other content that you upload,
publish or display (hereinafter, "post") on or through the Service or
the Site, or transmit to or share with other users (collectively the
"User Content"). You may not post, transmit, or share User Content on
the Site or Service that you did not create or that you do not have
permission to post. You understand and agree that the Company may, but
is not obligated to, review the Site and may delete or remove (without
notice) any Site Content or User Content in its sole discretion, for
any reason or no reason,
which might be offensive, illegal, or that might violate the rights,
harm, or threaten the safety of users or others. You are solely
responsible at your sole cost and expense for creating backup copies
and replacing any User Content you post or store on the Site or provide
to the Company.
Content posted on the forum may be deleted by our forum moderators for any or no reason.
Copyright complaints
We respect the intellectual property rights of others and we prohibit
users from uploading, posting or otherwise transmitting on the Donkr
website or service any materials that violate another party's
intellectual property rights.
If you or other discover copyrighted or otherwise illegal content on Donkr.com, contact support and we
will remove the content if we suspect it to be illegal. When contact us regarding copyright issues, be sure to include sufficient information about the
material, copyright owner etc.
User Disputes
You are solely responsible for your interactions with other Donkr
users. We reserve the right, but have no obligation, to monitor
disputes between you and other users.
Privacy
We care about the privacy of our users. Click here
to view the Donkr's Privacy Policy. By using the Site or the
Service, you are consenting to have your personal data transferred to
and processed on Malta or the United Kingdom.
Disclaimer
The Company is not responsible or liable in any manner for any User
Content, Software or Content posted on the
Site or in connection with the Service, whether posted or caused by
users of the Site, by Donkr, by third parties. Although we provide rules for user conduct and postings, we do
not control and are not responsible for what users post, transmit or
share on the Site and are not responsible for any offensive,
inappropriate, obscene, unlawful or otherwise objectionable content you
may encounter on the Site or in connection with any User Content or Content. The Company is not
responsible for the conduct, whether online or offline, of any user of
the Site or Service.
he Site and the Service may be temporarily unavailable from time to
time for maintenance or other reasons. Company assumes no
responsibility for any error, omission, interruption, deletion, defect,
delay in operation or transmission, communications line failure, theft
or destruction or unauthorized access to, or alteration of, User
communications.
The Company is not responsible for any technical malfunction or other
problems of any service, computer systems, servers
or providers, computer, software, failure of
email or players on account of technical problems or traffic congestion
on the Internet or at any Site or combination thereof, including injury
or damage to User's or to any other person's computer, mobile phone, or
other hardware or software, related to or resulting from using or
downloading materials in connection with the Web
Under no circumstances will the Company be responsible for any loss or
damage, including any loss or damage to any User Content or personal
injury or death, resulting from anyone's use of the Site or the
Service, any User Content, Software or
Content posted on or through the Site or the Service or transmitted to
Users, or any interactions between users of the Site, whether online or
offline.
THE SITE, THE SERVICE AND THE SITE
CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL
REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT
PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE
AND/OR ANY PLATFORM APPLICATIONS. THE COMPANY DOES NOT REPRESENT OR WARRANT
THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY
PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR
ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM
APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF
ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED
SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE
FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE
OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER
SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software
and other items used or contained in the Site and any Services and
Platform Applications offered through the Site at any time without
notice. Reference to any products, services, processes or other
information, by trade name, trademark, manufacturer, supplier or
otherwise does not constitute or imply endorsement, sponsorship or
recommendation thereof, or any affiliation therewith, by Company.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY
LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE
SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER
MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE
COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE
COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF
THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT
PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF
MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED
$1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE
SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS
OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY
KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
Termination
The Company may terminate your membership, delete your profile and any
content or information that you have posted on the Site and/or prohibit you from using or accessing the
Service or the Site (or any portion, aspect
or feature of the Service or the Site) for
any reason, or no reason, at any time in its sole discretion, with or
without notice, including if it believes that you are under 18.
Governing Law
By visiting or using the Site and/or the Service, you agree that the
laws of Malta, without regard to principles of conflict
of laws, will govern these Terms of Use and any dispute of any sort
that might arise between you and the Company or any of our affiliates.
With respect to any disputes or claims not subject to arbitration, you agree not to commence or prosecute any action in
connection therewith other than on Malta, and you hereby consent to, and waive all defenses of lack
of personal jurisdiction and forum non conveniens with respect to,
venue and jurisdiction on Malta.
Indemnify
You agree to indemnify and hold the Company, its subsidiaries and
affiliates, and each of their directors, officers, agents, contractors,
partners and employees, harmless from and against any loss, liability,
claim, demand, damages, costs and expenses, including reasonable
attorney's fees, arising out of or in connection with any User Content,
Software or Content you post or share on
or through the Site, your use of
the Service or the Site, your conduct in connection with the Service or
the Site or with other users of the Service or the Site, or any
violation of this Agreement or of any law or the rights of any third
party.
Submissions
You acknowledge and agree that any questions, comments, suggestions,
ideas, feedback or other information about the Site or the Service
("Submissions"), provided by you to Company are non-confidential and
shall become the sole property of Company. Company shall own exclusive
rights, including all intellectual property rights, and shall be
entitled to the unrestricted use and dissemination of these Submissions
for any purpose, commercial or otherwise, without acknowledgment or
compensation to you.
Other
These Terms of Use constitute the entire agreement between you and
Company regarding the use of the Site and/or the Service, superseding
any prior agreements between you and Company relating to your use of
the Site or the Service. The failure of Company to exercise or enforce
any right or provision of these Terms of Use shall not constitute a
waiver of such right or provision in that or any other instance. If any
provision of this Agreement is held invalid, the remainder of this
Agreement shall continue in full force and effect. If any provision of
these Terms of Use shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from these
Terms of Use and shall not affect the validity and enforceability of
any remaining provisions.
Unless otherwise specified, the terms "includes", "including", "e.g.,",
"for example", and other similar terms are deemed to include the term
"without limitation" immediately thereafter. Terms used in these Terms
with the initial letter(s) capitalized will have the meaning attributed
to them in these Terms.
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