Terms of Service Agreement

 

These Terms are made in English and may be provided to the User for familiarization in another language. In case of discrepancies between the English and the foreign language versions of the Terms, the English language version will prevail.

This Terms of Service Agreement (“Terms”, “Agreement”) constitute a binding agreement between you (“You”, “User”) and FOP Kharchenko Vadym Iv., (“Site Administration”, “Administration”) acting by virtue of the certificate of registration № 2 071 017 0000 005565 29.12.2003.

Site Administration owns and operates the Salesrepresentatives.biz (“Website”) with its services (“Services”) and allows the User to use these Website and Services under terms of the present Agreement. You voluntarily use these Website and Services on an "as is" basis solely at Your own risk.

The Agreement covers also the relations regarding rights and interests of the third parties which are not Users but whose rights and interests may be affected as the result of Website Users’ actions. This Agreement includes the Privacy Policy (incorporated by reference).

Using the Website and Services in any manner constitutes your acceptance and agreement to be bound by this Agreement, and all other operating rules, policies and procedures that may be published from time to time on the Website by Administration, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.

IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT USE THE SERVICES AND YOU SHOULD EXIT THE WEBSITE IMMEDIATELY.

The Website also allow Users to create individual profiles (”Profiles”) for individual or legal person, which may include personal information, and to make these Profiles, or aspects thereof, public. In addition, Site Administration may collect information about You from publicly-available websites and may use this information to create a Profile or append it to an existing Profile.

Website uses cookies to ensure that You get the best user experiences.

Using the Website and Services You agree to be sent email messages.

 

 

Obligations of the User

 

When using the Site Services the User is obliged:
 - to provide true, complete and up-to-date data at the time of registration and keep these data updated;
 - to inform the Site Administration about unauthorized access to the personal page and/or unauthorized access to and/or use of the User’s password and login;
 - not to provide other Users with access to his/her own personal page or individual pieces of information on it, if it can involve breach of these Terms and other special documents of the Site Administration;
 - not to post on his/her personal page such information and objects (including links thereto) which may infringe the rights and interests of other persons;
 - before posting information and objects (including but not limited to images, texts of various content, audio records and videos), to assess in advance whether such posting is lawful;
 - to keep confidential and not to disclose to other Users and third parties the personal data which became known to him/her as the result of communication with other Users and other use of the Site (including but not limited to home addresses, phone numbers, e-mail, Skype addresses, passport details, banking information) and information on the private life of other users and third parties without the appropriate prior permission of the latter;
 - to make back-up copies of the information important for the User which is stored on his/her personal page and Public Page.
In case of doubts as to whether it is legal to take any actions, including posting of information or provision of access, the Site Administration recommends desisting from such actions.
When using the Site the User is prohibited from:
registering as the User on behalf of or instead of another person (“false account”); however, the registration on behalf of another individual or legal entity is possible, if necessary powers are granted according to such procedure and form as provided by effective legislation of the country of residence of the user and international legal acts;
misleading other users as to his/her identity, using the login and password of another registered user;
distorting information on his/her identity, age or relations with other persons or entities;
loading, storing, publishing, disseminating, making available or otherwise using any information which:
 - contains threats, discredits, insults, defiles honor, dignity or business reputation or violates the privacy of other Users or third parties;
 - infringes on the rights of minors;
 - is vulgar or obscene, contains pornographic images and texts or sexual scenes with the participation of minors;
 - contains scenes of inhumane treatment of animals;
 - describes means and methods of suicide, contains any instigation to commit suicide;
 - propagandizes and/or contributes to racial, religious, ethnic hatred or hostility, propagandizes fascism or racial superiority;
 - contains extremist materials;
 - propagandizes criminal activity or contains advices, instructions or guides for criminal activities;
 - contains restricted information including but not limited to government and trade secrets, information on the private life of third persons;
 - advertises or describes the attractiveness of using drugs, including “digital drugs” (audio files affecting the human brain through binaural rhythms), contains information on drug trafficking, drug recipes and drug consumption recommendations;
 - is of fraudulent nature;
 - or infringes other rights and interests of individuals and legal entities or requirements of effective legislation of the country of residence of the user and international legal acts;
illegally loading, storing, publishing, distributing, making available or otherwise using the intellectual property of other Users and third parties;
carrying out the mass mailing of messages without the Site Users’ consent;
using software and taking actions aimed at disrupting the normal operation of the Site and its services or the Users’ personal and Public pages;
loading, storing, publishing, distributing, making available or otherwise using viruses, trojans and other malicious software;
using automated scripts (programs) for collecting information on the Site and/or interacting with the Site and its services without specific permission of the Site Administration and its services;
attempting to get access to another User’s login and passwords by any means including, without limitation, by means of fraud, abuse of confidence, cracking;
illegally collecting and processing the personal data of other persons;
accessing (attempting to access) any Services otherwise than via the interface provided by the Site Administration, unless such actions are expressly permitted for the User in accordance with a separate agreement with the Site Administration;
reproducing, duplicating, copying, selling, dealing in and reselling the Services for any purposes, unless such actions are expressly permitted for the User in accordance with a separate agreement with the Site Administration;
posting commercial and political advertising outside the special Site sections as determined by the Site Administration; The User acquires paid services on the Site as provided in the special documents of the Site Administration available on the Site;
posting any other information which in the personal opinion of the Site Administration is undesirable, does not meet the Site purposes, infringes on the Users’ rights or is otherwise undesirable for posting on the Site;
to provide independently or on behalf of other Users using functionality of their accounts, inter alia by misrepresentation or by promise of an award, including usage of any programs, automate scripts, mass single-type actions, that are directed to imitative increasing traffic to the site or its individual pages.
The User bears personal responsibility for any information he/she posts on the Site or communicates to other Users as well as for any contacts with other Users on his/her own risk. In case the User disagrees with these Terms or their updates, the User must give up using the Site with a due notice to the Site Administration.

 

 

Payments and Service Fees

 

Site Administration offers some of its Services free of charge.

Administration also offers fee-based Services. You may use them subject to purchasing one of the Service, as listed in Website at: http://salesrepresentatives.biz/reps/suppliers_placement_options and http://salesrepresentatives.biz/reps/sales_representatives_ placement_options. From time to time, Administration may change the Service fees, upon reasonable prior notice that Administration will post on Website or send You by email.

You may pay the fees by using the methods of payments as available, published and updated from time to time on the Website. Fees will be regarded as paid only after your payment has been confirmed. Service will be available to you on the next day after you have paid the Service fees. You acknowledge that fees are not refundable.

Payments are accepted in the following currencies: USD, EUR.

Site Administration will make its best efforts to have a transaction processed accurately and expeditiously and reimburse you for any excess payment that you were mistakenly charged with. However, Administration will not be liable for mistakes, errors, malfunctions and miscalculations made by the payment service providers.

 

 

Links to Other Sites

 

This Website contains links to other sites that are not owned or controlled by Administration. Administration is not responsible for the content or accuracy of materials, privacy or safety of such other sites.

 

 

Intellectual Rights

 

Exclusive rights in the Site Content:

All objects placed on the Site, including design elements, text, graphic images, illustrations, scripts, software, music, sounds and other objects and their collections (hereinafter the Content) are subject to exclusive rights of the Site Administration, Users and other rights holders, all rights in these objects being reserved.

Except as provided by these Terms as well as by effective legislation of the country of residence of the User and international legal acts, no Content may be copied, reproduced, processed, distributed, displayed in the frame, published, downloaded, transferred, sold or otherwise used in full or in part without the prior permission of the right owner, unless the right owner has expressly agreed to free use of the Content by any person.

By posting on the Site his/her lawfully owned Content, the User grants the other Users a non-exclusive right to use it by viewing, reproducing, copying, processing (including printing of copies) and other rights exclusively for the purpose of personal non-commercial use, except where such use infringes or may infringe the right owner’s interests protected by law.

The Content made available exclusively for the purpose of personal non-commercial use may be used by the User on the condition that all copyright marks or other authorship notices, name of the author and the work remain unchanged.

Except his/her own Content, the User does not have the right to upload or otherwise make available to the public (publish on the Site) the content of other sites, databases and other intellectual activity results without the express consent of the right owner.

Any use of the Site or Content, except as permitted herein or except the right owner consents to such use in writing, without the prior written permission of the right owner is categorically prohibited.

Unless otherwise expressly provided in these Terms, nothing in these Terms may be considered as the grant of exclusive rights in the Content.

 

 

Liability for the infringement of exclusive rights

 

The User bears personal liability for any Content or other information he/she uploads or otherwise makes publicly available (publishes) on or via the Site. The User does not have the right to upload, transfer or publish Content on the Site unless he/she has appropriate rights to do so, such rights being acquired by or transferred to him/her in accordance with effective legislation of the country of residence of the User, international legal acts and these Terms. Upon detection of the rights violations, please contact the Site Administration to complain.

The Site Administration has the right but is not obliged to check the Website for prohibited Content and can modify (moderate) or remove (without giving advance notice) any Content or Users at its own discretion for any reason or without reason, including, without limitation, removal or deletion of the Content which, in the personal opinion of the Site Administration, infringes these international legal acts and these Terms, and/or may infringe the rights of, cause damage to, or threaten the security of other Users or third parties.

By posting his/her Content on the Site, the User grants the Site Administration the right to copy his/her Content in order to streamline and facilitate the publication and storage of the user Content on the Site.

By posting his/her Content in any part of the Site, the User automatically grants the Site Administration free of charge the non-exclusive right to use it by copying, public performance, reproduction, processing, translation and distribution for or in connection with the purposes of the Site, including for the purpose of increasing its popularity. For these purposes, the Site Administration may produce derivative works or insert the User’s Content as components in relevant collections or take other actions for these purposes.

In case the User removes his/her Content from the Site, the rights in the two above-mentioned clauses hereof will be automatically cancelled; however, the Site Administration has the right to keep archive copies of the user Content for an indefinite period.

No provisions of this Agreement grants the User the right to use the brand name, trademarks, domain name, logos or other distinctive marks of the Website. The right to use the brand name, trademarks, domain names, logos and other distinctive marks of the Website may be granted only as agreed in writing with the Site Administration.

 

 

Third parties’ sites and content

 

The Site contains (or may contain) links to other web-sites (third parties’ sites) as well as articles, photos, illustrations, graphic images, music, sound, video, information, applications, software and other Content belonging to or originating from third parties (Third Parties’ Content), which is the result of intellectual activity and is protected in accordance with effective legislation of the country of residence of the user and international legal acts.

The Site Administration does not check these third parties and their Content for conformity to any requirements (truthfulness, completeness, good faith etc.). The Site Administration does not bear liability for any information on third parties’ sites to which the User gains access via the Site or Third Parties’ Content, including any opinions or statements expressed on the Third Parties’ Sites or in their Content.

The fact that the Site contains links or instructions for downloading files and/or installing software of third parties does not mean that the Site Administration supports and approves of these actions.

The fact that the Site contains a link or reference to any site, product, service, information of commercial or non-commercial nature does not mean that the Site Administration approves of or recommends the above.

If the User decides to leave the Site for the sites of third parties or use or install third parties’ software, he/she does it at his/her own risk and from this time these Terms do not apply to the User any longer. When taking further actions the User should follow the applicable standards and policies, including business practices of the persons whose Content he/she is going to use.

 

 

Disclaimer of Warranty

 

THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT POSSIBLE BY LAW, SITE ADMINISTRATION DOES NOT WARRANT THAT WEBSITE OR SERVICES WILL OPERATE ERROR-FREE OR THAT WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.

TO THE FULLEST EXTENT POSSIBLE BY LAW, SITE ADMINISTRATION, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT THE WEBSITE AND SERVICES:
- WILL BE SECURE;
- AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
- ANY DEFECTS OR ERRORS WILL BE CORRECTED;
- ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL MECHANISMS;
- THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
IF YOUR USE OF WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, SITE ADMINISTRATION IS NOT RESPONSIBLE FOR THOSE COSTS.

 

 

Disclaimer of Consequential Damages

 

TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL SITE ADMINISTRATION, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE WEBSITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SITE ADMINISTRATION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

 

Limitation of Liability

 

TO THE FULLEST EXTENT POSSIBLE BY LAW, ADMINISTRATION’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH WEBSITE OR YOUR USE OF THE WEBSITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

 

 

Termination and Access

 

This Agreement will remain in full force and effect while You are a User of Website and Services.

Site Administration reserves the right, in its sole discretion, to suspended or terminate your access to all or any part of the Website and Services at any time, with or without notice, effective immediately, including but not limited to as a result of your violation of any of these Terms of Service or any law. Any such termination may result in the removal of Your User Content from the Website. Administration may provide prior notice of the intent to terminate Services to you if such notice will not, in Administration's discretion, run counter to the intents and purposes of these Terms of Service. Any fees paid hereunder are non-refundable and any fees owed to Administration before such termination shall be immediately due and payable, including any liabilities that may have been incurred prior to termination such as Administration’s costs for collection (including attorneys’ fees) of any such charges or other liabilities. Upon termination, any and all rights granted to User by this Agreement will immediately be terminated, and User shall promptly discontinue all use of the Website and Services. If you wish to terminate your Account, you may do so by following the instructions on the Website or through the Services. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

 

Miscellaneous provisions

 

These Terms constitute the agreement between the User and the Site Administration concerning use of the Website and its Services and supersede all previous Agreements between the User and the Administration.

These Terms are governed and construed in accordance with effective Ukrainian legislation. Those issues which are not settled by these Terms are subject to Ukrainian legislation.

In case any disputes or differences arise in connection with the fulfillment of these Terms, the User and the Site Administration will make every effort to resolve these by negotiations. Those disputes which are not resolved by negotiations are to be resolved according to the procedure established by effective Ukrainian legislation.

These Terms become binding upon the User from the time of his/her accession and are valid during an indefinite period.

In the event that one or more provisions hereof become invalid or unenforceable for any reason, this will not affect the validity or applicability of the remaining provisions.

 

 

Contact Us

 

You may contact Site Administration with any question about the Website and Services, through the contact form at: http://salesrepresentatives.biz/accounts/contact_us Administration will make efforts to address your inquiry promptly.

 

Date of last edition: February 25, 2016