|
|
 |
| |
|
|
| |
Terms of Use and Privacy Policies
TERMS OF USE
THIS IS IMPORTANT - PLEASE READ
THIS WEBSITE REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING
YOU ACCESS.
READING AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING
THE PROVISIONS OF THE PRIVACY POLICY OF THIS WEBSITE ARE REQUIRED
CONSIDERATIONS FOR THE WEBSITE GRANTING YOU THE RIGHT TO VISIT, READ
OR INTERACT WITH IT.
ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND ACCEPT
THE TERMS OF USE AND THE PRIVACY POLICY.
BY VIEWING, VISITING, USING, OR INTERACTING WITH THIS WEBSITE OR
WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE
AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE
PRIVACY POLICY OF THIS WEBSITE.
ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS WEBSITE.
IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT,
READ, OR INTERACT WITH THIS WEBSITE OR ITS CONTENTS IN ANY MANNER.
THIS WEBSITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS
COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.
THIS WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER
FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU
ACCEPT AS A CONDITION FOR VIEWING, THE WEBSITE IS ALLOWED TO COLLECT
AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR
MANY OTHER USES.
THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS
HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION
TO VIEW THIS WEBSITE, TO KEEP THEMSELVES INFORMED OF CHANGES.
PARTIES TO THE TERMS OF USE AGREEMENT
Visitors, viewers, users, subscribers, members, affiliates, or customers,
collectively referred to herein as "Visitors," are parties
to this agreement. The website and its owners and/or operators are
parties to this agreement, herein referred to as "Website."
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract with this
website to the contrary, visitors, viewers, subscribers, members,
affiliates, or customers have no right to use this information in
a commercial or public setting; they have no right to broadcast it,
copy it, save it, print it, sell it, or publish any portions of the
content of this website. By viewing the contents of this website
you agree this condition of viewing and you acknowledge that any
unauthorized use is unlawful and may subject you to civil or criminal
penalties. Again, Visitor has no rights whatsoever to use the content
of, or portions thereof, including its databases, invisible pages,
linked pages, underlying code, or other intellectual property the
site may contain, for any reason for any use whatsoever. Nothing.
Visitor agrees to liquidated damages in the amount of U.S.$100,000
in addition to costs and actual damages for breach of this provision.
Visitor warrants that he or she understands that accepting this provision
is a condition of viewing and that viewing constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS
WEBSITE
The website and its contents are owned or licensed by the website.
Material contained on the website must be presumed to be proprietary
and copyrighted. Visitors have no rights whatsoever in the site content.
Use of website content for any reason is unlawful unless it is done
with express contract or permission of the website.
CO-BRANDING, "FRAMING" AND
REFERENCING SITE PROHIBITED
Unless expressly authorized by website, you are not allowed to frame
this website without without
express permission
You
specifically agree to cooperate with the Website to remove or de-activate
any such activities and be liable for all damages. You hereby agree
to liquidated damages of US$100,000.00 plus costs and actual damages
for violating this provision.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the accuracy of the
content of this website. Visitors assume the all risk of viewing,
reading, using, or relying upon this information. Unless you have
otherwise formed an express contract to the contrary with the website,
you have no right to rely on any information contained herein as
accurate. The website makes no such warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING
WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF
VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
The website assumes no responsibility for damage to computers or
software of the visitor or any person the visitor subsequently
communicates with from corrupting code or data that is inadvertently
passed to
the visitor's computer. Again, visitor views and interacts with
this site, or banners or pop-ups or advertising displayed thereon,
at
his own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at this own risk.
Website makes no warranty that downloads are free of corrupting
computer
codes, including, but not limited to, viruses and worms.
LIMITATION
OF LIABILITY
By viewing, using, or interacting in any manner with this site,
including banners, advertising, or pop-ups, downloads, and as a
condition of
the website to allow his lawful viewing, Visitor forever waives
all right to claims of damage of any and all description based
on any
causal factor resulting in any possible harm, no matter how heinous
or extensive, whether physical or emotional, foreseeable or unforeseeable,
whether personal or business in nature.
INDEMNIFICATION
Visitor agrees that in the event he causes damage, which the Website
is required to pay for, the Visitor, as a condition of viewing,
promises to reimburse the Website for all.
SUBMISSIONS
Visitor agrees as a condition of viewing, that any communication
between Visitor and Website is deemed a submission. All submissions,
including portions thereof, graphics contained thereon, or any
of the content of the submission, shall become the exclusive property
of the Website and may be used, without further permission, for
commercial
use without additional consideration of any kind. Visitor agrees
to only communicate that information to the Website, which it wishes
to forever allow the Website to use in any manner as it sees fit. "Submissions" is
also a provision of the Privacy Policy.
NOTICE
No additional notice of any kind for any reason is due Visitor
and Visitor expressly warrants an understanding that the right
to notice
is waived as a condition for permission to view or interact with
the website.
DISPUTES
As part of the consideration that the Website requires for viewing,
using or interacting with this website, Visitor agrees to use binding
arbitration for any claim, dispute, or controversy ("CLAIM")
of any kind (whether in contract, tort or otherwise) arising out
of or relating to this purchase, this product, including solicitation
issues, privacy issues, and terms of use issues.
Arbitration shall be conducted pursuant to the rules of the American
Arbitration Association which are in effect on the date a dispute
is submitted to the American Arbitration Association. Information
about the American Arbitration Association, its rules, and its
forms are available from the American Arbitration Association,
335 Madison
Avenue, Floor 10, New York, New York, 10017-4605. Hearing will
take place in the city or county of the Seller.
In no case shall the viewer, visitor, member, subscriber or customer
have the right to go to court or have a jury trial. Viewer, visitor,
member, subscriber or customer will not have the right to engage
in pre-trial discovery except as provided in the rules; you will
not have the right to participate as a representative or member
of any class of claimants pertaining to any claim subject to arbitration;
the arbitrator's decision will be final and binding with limited
rights of appeal.
The prevailing party shall be reimbursed by the other party for
any and all costs associated with the dispute arbitration, including
attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION
AND VENUE
If any matter concerning this purchase shall be brought before
a court of law, pre- or post-arbitration, Viewer, visitor, member,
subscriber or customer agrees to that the sole and proper jurisdiction
to be the state and city declared in the contact information of
the
web owner unless otherwise here specified. Yoshkar-Ola, Mari-El,
Russia. In the event that litigation is in a federal court, the
proper court shall be the closest federal court to the Seller's
address.
APPLICABLE LAW
Viewer, visitor, member, subscriber or customer agrees that the
applicable law to be applied shall, in all cases, be that of the
state of the
Seller.
CONTACT INFORMATION
michel@icoder.com
KOMAROV MIKHAIL
P.O. Box 42
424007 Yoshkar-Ola
Mari-El
Russia
COPYRIGHT AND LICENSE
This "Terms of Use" is
copyrighted by Mining Gold Corporation and IP Management, LLC and
is fully licensed
for use by this website.
If you wish to lawfully use this Terms of Use on your website,
contact
support@npcinfo.com for licensing information or this website.
PRIVACY POLICY
IMPORTANT - PLEASE READ
This Privacy Policy describes the terms of our commitment to your privacy.
PERSONS OR PARTIES COVERED
This Privacy Policy is intended to cover all visitors
to this website, all subscribers to lists or newsletters whether paid or unpaid,
all members or affiliates whether paid or unpaid, and all customers. Persons
who visit or view this website, whether intentionally or unintentionally, whether
solicited or unsolicited, are described herein as "Visitors" and are
parties to this Privacy Policy. Subscribers to lists or Newsletters are referred
to herein as "Subscribers" and are parties to the Privacy Policy. Persons
who join an organization or marketing endeavor (e.g. "affiliates")
promoted by this website are called "Members" herein and are covered
by this Privacy Policy. Finally, anyone who orders, attempts to order, or receives
a product sold (recipients) or advertised on or delivered from this website,
even at no cost, is called a "Customer" herein and is subject to this
Privacy Policy not only by passive acceptance, but by virtue of the Purchase
Agreement contract. The website, its agents, owners, operators, and employees
are referred to collectively herein as "Website," "Site," and/or "Seller".
PERSONS EXCLUDED FROM THIS WEBSITE ARE STILL COVERED
In the event that a person excluded from this website because of the Terms of
Use or from denial of service by the website, who nonetheless unlawfully views
this site, that person remains subject to the terms of this Privacy Policy and
is in violation of the Terms of Use.
PERSONS UNDER 18 YEARS OF AGE ARE EXCLUDED FROM THIS WEBSITE
This website is not lawfully accessible to persons under the age of 18 or who
are otherwise covered by the provisions of the Child Online Privacy Act of 1998
(COPA). If you are under the age of 18 you must leave this site immediately.
Fraudulent use of this website may make you subject to civil or criminal sanctions.
VIEWING AND/OR USE AND/OR COMMUNICATION IS CONSTRUED AS ACCEPTANCE OF THE TERMS
OF THIS POLICY
Acceptance of the terms of this Privacy Policy is a portion of the consideration
required for your right to visit the website. If you do not accept these terms,
you have no right to visit this site and you are fraudulently using this site.
ABOUT
THE PERSONAL INFORMATION THIS WEBSITE COLLECTS AND HOW IT IS USED
This website routinely collects information about its visitors, subscribers,
members, and customers. This information is obtained in various ways, such as:
VISITOR,
SUBSCRIBER, MEMBER, OR CUSTOMER INFORMATION OBTAINED FROM 'REGISTRATION' Registration
means that the Visitor, Subscriber, Member or Customer takes active, positive
steps to communicate information to this website. This can include pages
or 'pop ups' where you register for a newsletter or subscribe to a mailing list;
it can include your participation in visitor surveys; it can include requesting
information from the website via email, mail, or courier; it may be from joining
an affiliate program or other membership organization, paid or unpaid; it may
be from ordering a product.
Occasionally complete credit card information may be provided to the website
via fax or a fill-in form rather than regular secure merchant service processing.
This information is kept at the highest level of security and is never divulged
to anyone except the merchant service provider or for the purpose of communication
with the customer.
ONLINE ORDERING
Online ordering via SSL encrypted communication provided by shopping cart services
supporting merchant service companies like Visa and Master Card provides information
to the website but does not provide complete credit card numbers. In the process
of online ordering, the customer provides, name, address, city, state, email
address, phone number, CVV2 (back of card) number, and, occasionally a member
password. You should consider all this information available to the website.
This information is used to deliver the product, but under the Purchase Agreement
you also approve its use for general solicitation purposes.
VISITOR EMAIL INQUIRIES
Website visitors who wish to communicate with the website do so under two conditions:
one, they give their permission for contact by the website; two, they are subject
to any ‘submission’ provisions of the Terms of Use, Purchase Agreement,
or this Privacy Policy. While your email address may or may not be used to solicit
you, it is added to the website's general solicitation database.
CUSTOMER EMAIL OR TESTIMONIALS
If you are a customer and send an email to the website, or if you communicate
with the site by phone or mail, the website collects information about your communication
and by communicating with the site you give your permission to collect, archive,
retrieve, and otherwise use any information collected as the site sees fit.
Any communication which, in its sole discretion, the site deems to be a testimonial,
may be publicized for commercial purposes.
INFORMATION OBTAINED FROM VISITOR INTERACTION WITH BANNERS, POPUPS,
OR SITE ADVERTISERS
Visitors clicking on banners or pop-ups or hyperlinked advertising,
appearing on this website must assume that information is being
collected about them. This site is not responsible for the use
of information collected in such a fashion. Visitors must assume
that (1) information will be collected, (2) that ‘cookies’ will
usually be placed on their hard drive, (3) that website does not
have any control over what happens with this information, (4) that
website takes no responsibility over the accuracy or content of
advertisers, (5) that website is not responsible for downloads
from third party advertisers that contain viruses or worms or other
computer code that causes their computer or software harm, and
(6) that website assumes no responsibility for the data that is
garnered from the click itself or that the advertiser collects.
INFORMATION OBTAINED FROM REFERRING EMAIL OR REFERRING URLS
If you send a friend an email from this site or if you send the
url or one of our web pages to a friend, you must assume that some
data is collected about your IP address or your email address and
that of your friend. You must assume that referred emails or web
pages may appear to come from your email. You must accept fully
responsibility for referring pages or email to a friend and agree
to indemnify this site for any damage, intentional or unintentional
that results from said referrals.
INFORMATION OBTAINED FROM VOLUNTARY VISITOR, SUBSCRIBER, MEMBER
OR CUSTOMER SURVEYS
Unless otherwise specified in the survey, you must assume that
any information provided to the website as part of a survey in
which you participate may be used for general solicitation for
commercial purposes and that such information will be shared with
joint venture partners, affiliates, marketing organization or used
by the site itself for product design or solicitation purposes.
INFORMATION OBTAINED FROM ELECTRONIC MEANS AND 'COOKIES'
Many websites, including this one, collect information about your
computer, your email address, your IP address. You must assume
that your web-viewing or web-use activity is monitored, tracked,
and information collected. This information is not usually of a
personal nature, but it may help define your viewing habits and
product preferences even though the website may or may not have
any idea who you are.
"Cookies" is web jargon for bits of computer code placed on
your hard drive. Websites use this to keep you 'logged in', to
keep track of search criteria, to monitor use, to password protect
use of the site or use of products sold by the site. Cookies can
also be used to obtain information about your computer configuration
or your use of your computer.
Cookies can be used to electronically gather information about
you. Again, it may or may not be personal information, but it is
information and by using this site you are expressly giving permission
to use 'cookies' and to use the information gathered from their
use to benefit you. You also give permission to collect, archive,
retrieve, and use any information collected for product design,
product offers to you, and general commercial solicitation purposes
by this site or joint venture partners, affiliates, and marketing
organizations.
HOW INFORMATION MAY BE USED
The use of information as described below may or may not be how
information that is collected is customarily used by this site.
While actual use of any information collected may be used quite
conservatively, you must assume that it is not. You must assume
that information collected is shared with other persons or entities
for commercial purposes. While this is uncommon in practice, you
must assume that it is as you make your decision whether or not
to view or interact with this website. This type of shared information
may include your name, address, phone number, email address and
buying habits, as well as other information. This information may
be used for general commercial solicitation by this website or
other persons it is sold to, rented to, or shared with.
INFORMATION THAT IS NOT SHARED
Credit card information or other financial information is not usually
known to the website. However, in the event that it is made known,
that information is never revealed to anyone except to processing
authorities or law enforcement agencies. However, the provider
of such information gives express permission to use it in fraud
investigation or for litigation.
BULLETIN BOARDS AND PUBLIC FORUMS
Visitors, subscribers, members, or customers who use any site provided
bulletin boards or other public forums, such as chat rooms, do
so at their own risk. You may not assume that the site monitors
these services or protects you in any manner from information you
post publicly or share with anyone else via these services.
SPAM
By providing to this website information that forms the basis of
communication with you, such as an email address, you waive all
rights to file complaints concerning unsolicited email or spam
from this website since, by providing such information, you agree
to receive communication from us or other marketing organizations.
However, all email communication with you shall contain an 'unsubscribe'
link where you may notify the website that you no longer wish to
receive solicitations or information from the website and your
name will be removed from the general solicitation database.
DATA
SECURITY
This website takes measures to protect its data that contains information
related to you. However, as a consideration for viewing this site
or interacting with this site in any manner, you waive all claims
of any nature against this site concerning the loss, alteration,
or misuse of information. You must assume that it is possible for
your personal data to be obtained by others, such as "hackers," and
used in an inappropriate manner that may cause you harm and that
you agree that the site is not responsible for damages to you.
QUESTIONS, COMMENTS, OR REPORT OF INCIDENTS
You may direct questions, comments or reports to: michel@icoder.com
REVISIONS TO THIS PRIVACY POLICY WITHOUT NOTICE
This Privacy Policy is dynamic. It will continually change. You
may not assume that it remains the same and you agree to check
the policy each time you visit the site for changes. Unless, in
the sole opinion of the website, this policy changes so drastically
as to suggest a posted notification on the site or via email, you
will receive no notification of changes to this Privacy Policy
nor, under any circumstances, does this site promise notification.
Your continued use of this site always evidences your acceptance
of the terms this Privacy Policy or any modifications.
LATEST UPDATE
This Privacy Policy was last updated on: November 5, 2003
COPYRIGHT
This Privacy Policy is used under license. The copyright is owned
by Mining Gold Corporation and IP Management, LLC.
DISPUTES
As part of the consideration that the Website requires of the Visitor
to view, use, or interact with this site, Visitor agrees to use
binding arbitration for any claim, dispute, or controversy ("CLAIM")
of any kind (whether in contract, tort or otherwise) arising out
of or relating to this purchase, this product, including solicitation
issues, privacy issues, and terms of use issues.
Arbitration shall be conducted pursuant to the rules of the American
Arbitration Association, which are in effect on the date a dispute
is submitted to the American Arbitration Association. Information
about the American Arbitration Association, its rules, and its
forms are available from the American Arbitration Association,
335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing
will take place in the city or county of the Seller.
In no case shall the Visitor have the right to go to court or have
a jury trial. Visitor will not have the right to engage in pre-trial
discovery except as provided in the rules; you will not have the
right to participate as a representative or member of any class
of claimants pertaining to any claim subject to arbitration; the
arbitrator's decision will final and binding with limited rights
of appeal.
The prevailing party shall be reimbursed by the other party for
any and all costs associated with the dispute arbitration, including
attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION
AND VENUE
If any matter concerning this purchase shall be brought before
a court of law, pre- or post-arbitration, Visitor agrees to that
the sole and proper jurisdiction to be the state and city declared
in the contact information of the web owner unless otherwise here
specified. Yoshkar-Ola Mari-El Russia. In the event that litigation
is in a federal court, the proper court shall be the closest federal
court to the Seller's
address.
APPLICABLE LAW
Visitor agrees that the applicable law to be applied shall, in
all cases, be that of the state of the Website owner(s).
COPYRIGHT AND LICENSE
This "Privacy Policy" is copyrighted by Mining Gold Corporation
and IP Management, LLC and is fully licensed for use by this website.
If you wish to lawfully use this Privacy Policy on your website,
contact support@internetlawcompliance.com for licensing information
or this website.
|
|
 |
|
