Terms Of Use


(Для наших русских читателей:

текст этой страницы необходимый юридический документ, определяющий правила пользования данным вебсайтом. Язык документа сложный и подчас только адвокат может полностью понять многие пункты. Вкратце – любое сомнительное или хулиганское поведение на вебсайте терпеться не будет. Пожалуйста относитесь к другим посетителям сайта и к сайту вежливо, так же как мы относимся к Вам. Если у Вас есть вопрос по данному документу, пожалуйста напишите нам емаил или позвоните и мы поможем Вам с ответом. Спасибо!)


TERMS OF USE

The information offered by DetkiUSA, a wholly owned subsidiary of Amethyst, LLC, (hereinafter “DetkiUSA”) on this and other websites on the DetkiUSA-branded network of websites, (hereinafter “Website”) is subject to the following Terms Of Use (these “TOU”).

By accessing, browsing and/or using this Website, you acknowledge and agree to these TOU.
If you do not agree to every provision of these TOU, please do not access, browse or use this Website. We reserve the right to revise these TOU at any time and for any reason, without notice or obligation, by updating this posting.
By accessing, browsing and/or using this Website following the posting of changes to these TOU, you accept these changes.
Any use of this Website in a manner inconsistent with these TOU is deemed unauthorized access.
These TOU are effective as of January 1, 2010.


1. Restricted Use of Website Materials

As between DetkiUSA and you, DetkiUSA is the copyright owner of all the materials on this Website, such as software, text, graphics, charts, information, images, reports, presentations and other material (collectively referred to as the “Content”). DetkiUSA grants you a limited right to access and use this Website. For your personal non-commercial use only, you may print copies of the Content and store it on your own computer. You may not otherwise download or modify this Website or any Content, except with the prior express written consent of DetkiUSA.
You ARE NOT granted any license for
(a) any resale or commercial use of this Website or the Content;
(b) any derivative use of this Website or the Content; or
(c) any use of data mining, robots, or similar data gathering and extraction tools.
Any unauthorized use by you shall automatically terminate all rights granted to you hereunder.

Although DetkiUSA provides the Content for your personal use, DetkiUSA retains its property rights, such as those rights under U.S. and international copyright law, to all Content, including but not limited to non-textual information components, such as graphic images and trade dress, that are part of or incident to the Content.
This means that without the prior express written permission of DetkiUSA, you MAY NOT
(a) distribute Content to others;
(b) include Content on any other web site, on a server computer, or in documents, including but not limited to “mirroring” the information and/or displaying the information by means of HTML frames or similar means; or
(c) modify or re-use the Content.
DetkiUSA reserves all rights not expressly granted herein.

You acknowledge and agree that names, logos, trademarks, or service marks contained on this Website are owned or used with permission by DetkiUSA and may not be used by you without the express prior written approval of DetkiUSA or the relevant owner of the name, logo, trademark or service mark.
DetkiUSA will enforce its intellectual property rights to the full extent of the law. Unauthorized use of any of these materials is prohibited unless specifically permitted by DetkiUSA in writing prior to any such use.
Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy and publicity rights.


2. Submissions

By posting or submitting content to this Website, you grant DetkiUSA and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by DetkiUSA will not infringe or violate the rights of any third party.

By sending creative suggestions, ideas, notes, drawings, photos, media files of any kind, documents, or other information, collectively “Contributions”, directly to DetkiUSA through Website’s contact forms, email, voicemail, non-electronic mail or other means of direct communication, you, the Sender, acknowledge and agree that your contribution automatically becomes the property of DetkiUSA without any obligation to you. DetkiUSA may reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the contribution in any form, anywhere and for any purpose without compensation to you. You warrant and represent that you own or otherwise control all of the rights to the contribution and by DetkiUSA using your contribution, DetkiUSA will not infringe or violate the rights of any third party.


3. Linking

You may not link to this Website from any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other web site or material which could constitute or encourage unlawful conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that DetkiUSA or other parties involved in creating, producing, or delivering this Website, may monitor or review any links to this Website, DetkiUSA and such parties assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.

Although this Website may link to other websites (“External Websites”), DetkiUSA is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any External Website, unless specifically stated herein. By entering this Website you acknowledge and agree that DetkiUSA has not reviewed the External Websites and is not responsible for the content contained on any External Website. Your access and use of any External Website is at your own risk.


4. Disclaimers

WHILE DETKIUSA MAKES REASONABLE EFFORTS TO ENSURE THAT THE CONTENT IS TIMELY UPDATED AND CORRECT, DETKIUSA MAKES NO WARRANTIES AS TO THE ACCURACY OF THE CONTENT OF THE WEBSITE. YOU CAN ALWAYS RECEIVE THE MOST UPDATED CONTENT INFORMATION VIA A PRINTED DOCUMENT SIGNED BY DETKIUSA’S OFFICER. THIS WEBSITE AND ALL CONTENT IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” AND DETKIUSA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, DETKIUSA ALSO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS WEBSITE.


5. Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL DETKIUSA, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, AGENTS AND EMPLOYEES OR ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT DAMAGES, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, LEGAL FEES, EXPERT FEES, OTHER DISBURSEMENTS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM, DIRECTLY OR INDIRECTLY, YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


6. Indemnification

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS DETKIUSA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE WEBSITE’S SERVICE, YOUR VIOLATION OF THE TERMS OF USE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY DETKIUSA OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.


7. Applicable Law and Jurisdiction

You agree that the laws of the State of Florida, without regard to its principles of conflict of laws, will govern these TOU and any dispute concerning or related to these TOU. The parties expressly disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE WEBSITES’ SERVICE, ITS USE, THESE TERMS AND CONDITIONS, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF DETKIUSA, MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN PINELLAS COUNTY, FLORIDA (OR THE APPRPRIATE FEDERAL COURT FOR SUCH AREA), AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

8. Termination of the Agreement

DetkiUSA reserves the right, in its sole discretion, to restrict, suspend, or terminate these TOU and access to all or any part of the Website or the Content, at any time and for any reason without prior notice or liability. DetkiUSA reserves the right to change, suspend, or discontinue all or any part of the Website or the Content at any time without prior notice or liability. If these TOU are terminated, this clause and Sections 1, 3, 4, 5, 6, 7 and 10 shall survive the termination of these TOU.


9. Privacy Statement

Please review our Privacy Policy which governs your visit to this Website.


10. General

If any of these terms and conditions are deemed invalid, void or unenforceable, such term or condition shall be deemed severable and shall not affect the validity or enforceability of the remaining terms and conditions. Failure of DetkiUSA to act on or enforce any provision of these TOU shall not be construed as a waiver of that provision or any other of these TOU.