Terms and Conditions
Caspian Business Journal Terms & Conditions
CASPIAN BUSINESS JOURNAL (”CBJ”, “WE” OR “US”) Terms of Use:
THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU, AN INDIVIDUAL USER OF AT LEAST 13 YEARS OF AGE (”YOU” OR, COLLECTIVELY, “USERS”), AND CBJ AND GOVERN YOUR ACCESS TO, AND USE OF, THE CBJ WEBSITE LOCATED AT http://www.caspibiz.com/ TOGETHER WITH THE SERVICES AVAILABLE THROUGH THIS SITE (THE “SITE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
1. ELIGIBILITY
The Site is not available to persons under the age of 13 or to any users previously suspended or removed from the Site by CBJ. BY DOWNLOADING OUR MATERIAL (“CONTENT” OR “MATERIAL”) FROM OUR SITE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE. The content on the Site is only available for personal noncommercial use for end users only, any other use is prohibited.
2. TERMS OF ACCESS TO CONTENT
2.1. One User
You, the User, agree that you and only you will have access to the Content. Subscriptions are limited to one user per household for individual private use, or one user per 50 individuals for any account held by a corporate entity, profit or non-profit, including partnerships or any other entity that is not a physical living person. Breach of this clause of the Agreement may result in immediate termination by CBJ without any restitution to the User.
2.2. Content
All password-restricted content provided by CBJ, in any form whatsoever, is the property of CBJ and only of CBJ. You agree not to distribute or disseminate any information provided in the password-restricted content to any other person unless given express written consent by CBJ.
All open content, such as on the CBJ “Business Cables,” and other free content, is the property of CBJ and only of CBJ.
You agree to acknowledge CBJ in any reference any Content.
2.3 Modification of Terms.
CBJ may make changes to its Content and services offered on this site at any time. CBJ CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE AND/OR BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.
3. NOTICE
CBJ may provide You with notices, including those regarding changes to CBJ’s terms and conditions, by email, regular mail, or postings on the Site. Notice will be deemed given twenty-four hours after email is sent, unless CBJ is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Site. In such case, notice will be deemed given three days after th date of mailing. Notice posted on the Site is deemed given 30 days following the initial posting.
4. Reservation of Rights
CBJ reserves all rights not expressly granted in these Terms.
4.1 Prevention of Unauthorized Use
CBJ reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Site, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
5. PRIVACY POLICY
The information you provide CBJ for registration will be never be sold, assigned, or transferred to any third parties. We will use information you provide to us for data analysis about our subscriber base and other information and/or reports that are related and/or relevant to our business.
6. PASSWORD RESTRICTED AREAS OF THIS SITE
You may to register for a password to log in to this Site and to use certain functions and areas within this Site. You are responsible for maintaining the confidentiality of Your password and account, and agree to notify CBJ if Your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under Your account. You agree to immediately notify CBJ of any unauthorized use of Your account or any other breach of security in relation to this Site known to You. . If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your username, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify CBJ. You may be liable for the losses incurred by CBJ or others due to any unauthorized use of Your account.
7. LINKS TO THIRD PARTY SITES
This Site may be linked to other sites that are not CBJ sites (”Reference Sites”). CBJ is providing these links to You only as a convenience, and CBJ is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.
8. UNAUTHORIZED ACTIVITIES
User Content and unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold CBJ and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) CBJ or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that Your use of this Site or the use of this Site by any person using Your user name and/or password (including without limitation, Your participation in the posting areas or, Your User Content) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
9. PROPRIETARY RIGHTS
“Caspian Business Journal” and the CBJ logo are proprietary to Derweze Exchange & Consulting, LLP in the United States.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of CBJ, Copyright © 2009 CBJ. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
10. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS SITE AND/OR THE SERVICES IS AT YOUR OWN RISK. NEITHER THE MATERIALS, USER CONTENT NOR THE THIRD PARTY CONTENT HAVE BEEN VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY CBJ, AND THEY MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL OR OTHER ERRORS. CBJ DOES NOT WARRANT THE ACCURACY OR TIMELINESS OF THE MATERIALS, USER CONTENT OR THE THIRD PARTY CONTENT CONTAINED ON THIS SITE. CBJ HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE MATERIALS, USER CONTENT AND/OR THE THIRD PARTY CONTENT, WHETHER PROVIDED BY CBJ OR OUR LICENSORS. THIS SITE AND CBJ DO NOT PROVIDE LEGAL ADVICE. THE MATERIALS, USER CONTENT AND THE THIRD PARTY CONTENT ON THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE MATERIALS, USER CONTENT AND THIRD PARTY CONTENT ARE NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL, FINANCIAL OR OTHER PROFESSIONAL ADVICE. ALWAYS SEEK THE ADVICE OF A QUALIFIED ATTORNEY OR APPROPRIATE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A LEGAL OR FINANCIAL ISSUE.
15. LIMITATION OF LIABILITY AND DAMAGES
15.1. Limitation of Liability
IN NO EVENT WILL CBJ OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESETERMS, YOUR USE OF THE SITE OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
THESE LIMITATIONS OF DAMAGES ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN CBJ AND RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY REFERENCE SITES.
15.2. Limitations by Applicable Law
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF USE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
15.3. Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT CBJ HAS OFFERED ITS CONTENT, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND CBJ, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CBJ. CBJ WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
16 LOCAL LAWS; EXPORT CONTROL
CBJ controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If You use this Site outside the United States of America, You are responsible for following applicable local laws.
17. TERMINATION
17.1. CBJ
CBJ may, in its sole discretion, terminate and/or suspend Your access to this Site without notice. If CBJ terminates Your access to the Site, CBJ may delete Your user profile but will not be obligated to delete any User Content that You have provided in connection with the Site. CBJ has the right to terminate any password-restricted account for any reason. You agree that CBJ will not be liable to You or any third party for any such termination.
If You are terminated by CBJ, and have bought Content that has yet to be delivered, you are entitled to a return of your payment on a pro-rata basis, using the actual amount you paid divided by the remaining paid-for Content, on the basis of monthly issues and/or other paid Content, that is left to be delivered to you.
17.2. You
Your only remedy with respect to any dissatisfaction with (i) the Site, (ii) any term of these Terms, (iii) any policy or practice of CBJ in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate these Terms and Your account. You may terminate these Terms at any time by discontinuing use of any and all parts of the Site. Termination by You will result in receiving no return of payment or restitution for Content yet to be delivered.
18. INDEMINIFICATION
You agree to indemnify, save, and hold CBJ, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Site, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. CBJ reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify CBJ, and You agree to cooperate with CBJ’s defense of these claims. CBJ will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
19. MISCELLANEOUS
19.1. Governing Law and Jurisdiction
Virginia law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in Alexandria, Virginia. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.
19.2. Waiver
CBJ’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between You and CBJ and supersede all prior or contemporaneous negotiations, discussions or agreements between You and CBJ about this Site.
19.3. Survival
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections regarding proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and damages and all general provisions shall survive any termination of these Terms.
19.4. Severability
If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
19.5. Assignment
These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by CBJ without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
19.6 Headings
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
19.7 Entire Agreement
This is the entire agreement between You and CBJ relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms made by CBJ as set forth in sections 3 and 4 above.
19.8 Claims
YOU AND CBJ AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
