Terms
of use
PLEASE
READ THESE TERMS OF SERVICE CAREFULLY. BY USING THIS
WEB SITE, YOU AGREE TO THESE TERMS OF SERVICE.
Welcome
to Phoenix-Fly.com (the "Site"), a service provided by Volucris d.o.o. These Terms of Service may be changed
in the future without further notice. Your continued
use of the Site after any such changes constitutes
your acceptance of the new Terms of Service. Further,
these Terms of Service apply exclusively to your access
to, and use of, the Site and are in addition to the
terms or conditions of any other agreement you may
have with FindArticles for products, services or otherwise.
Privacy
Policy
Volucris
d.o.o. believes in protecting user privacy.
Copyright
All Site materials, including, without limitation, the Phoenix-Fly logo,
design, text, graphics, other files, and the selection and arrangement
thereof are Copyright © 2004-2005 Volucris d.o.o.. and/or its suppliers
ALL RIGHTS RESERVED. Except as stated herein, none of the material
on the Site may be copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by any means, including,
but not limited to, electronic, mechanical, photocopying, recording
or otherwise, without the prior written permission of Volucris d.o.o.
or the respective copyright owner. Permission is granted to display
and use the materials on the Site for personal,
noncommercial and informational use only, provided that you may not,
without the permission of Volucris d.o.o. or the respective copyright
owner, (a) copy, publish, duplicate, or distribute any materials, (b)
modify the materials or (c) remove or alter any copyright or other
proprietary notices contained in the materials.
Trademark
Phoenix-Fly, the Phoenix-Fly logo and the product and service names contained
in the Site are either trademarks or registered trademarks of Phoenix-Fly (Volucris d.o.o.) and its suppliers and licensors, and may not
be copied, imitated or used, in whole or in part, without the prior
written permission of Volucris d.o.o. In addition, all page headers,
custom graphics, button icons and scripts are service marks, trademarks
and/or trade dress of Phoenix-Fly, and may not be copied, imitated
or used, in whole or in part, without the prior written permission
of Volucris d.o.o. All other trademarks, registered trademarks, product
names and company names or logos mentioned herein are the property
of their respective owners.
Site
Access
Volucris
d.o.o. allows you to make personal use only of the
Site. Such use does not include, without limitation:
(a) any resale or commercial use of the Site or content
therein; (b) making derivative uses of the Site or
its contents; or (c) use of any data mining, robots
or similar data gathering and extraction methods. You
are not conveyed any right or license by implication,
estoppel or otherwise in or under any patent, trademark,
copyright or proprietary right of FindArticles or any
third party.
You may not use framing techniques to enclose any FindArticles trademark,
logo or other proprietary information (including the images found at
the Site, the content of the Site, or the layout/design of any page or
form contained on a page) without Volucris's d.o.o. express written consent.
Further, you may not use any meta tags or any other "hidden
text" utilizing a Phoenix-Fly or Volucris d.o.o. name, trademark or product name without
Volucris's d.o.o. express written consent.
Linking
You may create a hyperlink to the Site provided such link and the content
associated with the link do not portray Phoenix-Fly or any of its products
and services in a false, misleading, derogatory or otherwise defamatory
manner. You may not use a Phoenix-Fly logo or other proprietary graphic
or trademark of Phoenix-Fly to link to the Site without the express
written permission of Phoenix-Fly/Volucris d.o.o. This permission may
be revoked at any time.
Phoenix-Fly/Volucris d.o.o. makes no claim or representation regarding,
and accepts no responsibility for, the quality, content, nature or reliability
of sites accessible by hyperlink from the Site, or sites linking to the
Site. These linked sites are not under the control of Phoenix-Fly/Volucris
d.o.o. and Phoenix-Fly/Volucris d.o.o. is not responsible for the content
of any linked site or any link contained in a linked site, or any review,
changes or updates to such sites. Phoenix-Fly/Volucris d.o.o. is providing
these links to you only as a convenience, and the inclusion of any link
does not imply affiliation, endorsement or adoption by Phoenix-Fly/Volucris
d.o.o. of the site or any information contained therein. When leaving
the Phoenix-Fly/Volucris d.o.o. site, you should be aware that Phoenix-Fly/Volucris
d.o.o. terms and policies no longer govern, and therefore you should
review the applicable terms and policies, including privacy and data-gathering
practices, of that site.
Use
of the Site
In using the Site, you agree:
1. Not to disrupt or interfere with the security of, or otherwise abuse,
the Site, or any services, system resources, accounts, servers or networks
connected to or accessible through the Site or affiliated or linked Web
sites
2. Not to disrupt or interfere with any other user's enjoyment of the
Site or affiliated or linked Web sites
3. Not to attempt to obtain unauthorized access to the Site or portions
of the Site that are restricted from general access
In addition, you agree that you will comply with all applicable local,
state, national and international laws and regulations that relate to
your use of or activities on the Site. Furthermore, Phoenix-Fly/Volucris
d.o.o. is not responsible for the delivery or quality of any goods or
services sold or advertised by third parties through or on the Site.
Submissions
You agree
that any materials, including but not limited to questions,
comments, suggestions, ideas, plans, notes, drawings,
original or creative materials or other information,
provided by you in the form of email or other submission
to Phoenix-Fly/Volucris d.o.o. are nonconfidential
and shall become the sole property of Phoenix-Fly/Volucris
d.o.o.; Phoenix-Fly/Volucris d.o.o. shall own exclusive
rights, including all intellectual property rights,
and shall be entitled to the unrestricted use of these
materials for any purpose, commercial or otherwise,
without acknowledgment or compensation to you. The
submission of any materials to Phoenix-Fly/Volucris
d.o.o. irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
Disclaimer
of Warranties
YOU UNDERSTAND
AND AGREE THAT THE SITE AND THE INFORMATION, SERVICES,
PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, , ITS AFFILIATES,
AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NO ORAL OR WRITTEN INFORMATION PROVIDED BY OR ITS SUPPLIERS, AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS,
LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON
ANY SUCH INFORMATION OR ADVICE.
YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT, DATA
OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE
SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA
AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION,
PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THE SITE.
EXCEPT AS OTHERWISE AGREED IN WRITING, AND ITS AFFILIATES ASSUME NO RESPONSIBILITY
FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY,
COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED
OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SITE.
AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SITE OR ITS CONTENT WILL
MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
AND ITS SUPPLIERS DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE
OR INFORMATION PROVIDED BY VIA EMAIL OR OTHER MEANS ARE ACCURATE, COMPLETE,
RELIABLE, CURRENT OR ERROR-FREE. NOR DO OR ITS SUPPLIERS MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF OR ITS CONTENT OR
AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH USE OF THE SITE.
AND ITS SUPPLIERS ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY
A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, ERRORS,
SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE
INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF , ITS AFFILIATES, ITS LICENSORS
OR A USER'S OWN ERRORS AND/OR OMISSIONS.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES
OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation on Liability
UNDER
NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE,
SHALL OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER
PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING,
OR DISTRIBUTING THE SITE OR RELATED SERVICES BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION
WITH THE USE OR INABILITY TO USE THE SITE OR ANY CONTENT
PROVIDED BY OR THROUGH THE SITE, OR RESULTING FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED,
INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS,
USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON CONTRACT,
TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT
APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST
EXTENT PERMITTED BY LAW.
Applicable
Law
These
Terms of Service shall be governed by and construed
in accordance with the laws of the Republic of Croatia,
without resort to its conflict of law provisions. You
agree that any action at law or in equity arising out
of or relating to these Terms of Service shall be filed
only in the "Opcinski sud Zagreb" (County Court Zagreb), and you hereby irrevocably and unconditionally consent
and submit to the exclusive jurisdiction of such courts
over any suit, action or proceeding arising out of
these Terms of Service.
Termination
Notwithstanding any of these Terms of Service, Phoenix-Fly/Volucris d.o.o.
reserves the right, without notice and in its sole discretion, to terminate
your permission to use the Site, for any or no reason, and to block
or prevent future access to and use of the Site. Phoenix-Fly/Volucris
d.o.o. may, in its sole discretion, discontinue or alter any or all
aspects of the Site or the services offered thereon at any time without
notice.
Miscellaneous
If any provision of these Terms of Service shall be deemed unlawful,
void or for any reason unenforceable, then that provision shall be deemed
severable from these Terms of Service and shall not affect the validity
and enforceability of any remaining provisions. These Terms of Service
constitute the entire agreement of the parties with respect to the subject
matter hereof, and supersede all prior or contemporaneous communications
and proposals, whether oral or written, between the parties with respect
to such subject matter. No waiver of any provision or any right granted
hereunder will be effective unless set forth in a written instrument
signed by the waiving party. No waiver by either party of any breach
or default hereunder shall be
deemed a waiver of any subsequent breach or default.
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