Use of this website,
and information distributed in conjunction with this website
is offered to you on your acceptance of these Terms of Use,
our Privacy Policy and other notices posted on this website.
Your use of this website or of any content presented in any
and all areas of the website indicates your acknowledgment and
agreement to these Terms of Use, our Privacy Policy and other
notices posted on this website. If you do not agree to be bound
by and comply with all of the foregoing, you may not access
or use our services or website. We suggest you print a copy
of each of these documents for your records.
avex-wines.com shall
have the right, at its sole discretion, to modify, add or remove
any terms or conditions of these Terms of Use without notice
or liability to you. Any changes to these Terms of Use shall
be effectively immediately following the posting of such changes
on this website. The most recent version of these Terms of Use
may always be found at here. You agree to review these Terms
of Use from time to time and agree that any subsequent use by
you of this website following changes to these Terms of Use
shall constitute your acceptance of all such changes. These
Terms of Use were last modified on 02.03. 2006.
Disclaimer
This website is not
for purposes of resale, distribution, public display or performance,
or any other uses by you in any form or manner whatsoever. Unless
otherwise indicated on this website, you may display, download,
archive, and print a single copy of any information on this
website, or otherwise distributed from avex-wines.com , for
such personal, non-commercial use, provided it is done pursuant
to the User Conduct and Obligations set forth herein.
The performance of
this website and all information contained on, downloaded or
accessed from this website are provided to you on an "as
is" basis, without warranties of any kind whatsoever, including
any implied warranties or warranties of merchantability, fitness
for a particular purpose or non-infringement of the rights of
third parties. avex-wines.com shall be not responsible for any
problems or technical malfunction of any telephone network or
lines, computer on-line systems, servers, Internet access providers,
computer equipment, software, or any combination thereof including
any injury or damage to your or any other person's computer
as a result of using this website.
avex-wines.com reserves
the right, at its sole discretion, to modify, disable access
to or discontinue, temporarily or permanently, any part or all
of this website or any information contained thereon without
liability or notice to you.
As a visitor to our
website, you acknowledge and agree that any reliance on or use
by you of any information available on this website shall be
entirely at your own risk. In no event shall avex-wines.com
nor any of its data providers be liable for any direct, indirect,
consequential or exemplary damages arising from the use or the
performance of this website, even if avex-wines.com or such
provider has been advised of the possibility of such damages.
Privacy Policy
You have read and
agree to all of the terms and conditions of our Privacy Policy,
which is located here
Confidentiality
and Transmissions over the Internet
The transmission
of data or information (including communications by e-mail)
over the Internet or other publicly accessible networks is not
secure, and is subject to possible loss, interception or alteration
while in transit. Accordingly, we do not assume any liability
for any damage you may experience or costs you may incur as
a result of any transmissions over the Internet or other publicly
accessible networks, such as transmissions involving the exchange
of e-mail with us (including those which may contain your personal
information). While we shall take commercially reasonable efforts
to safeguard the privacy of the information you provide us and
treat such information in accordance with our Privacy Policy,
in no event will the information you provide to us be deemed
to be confidential, create any fiduciary obligations to you
on our part, or result in any liability to you on our part in
the event that such information is inadvertently released by
us or accessed by third parties without our consent.
User Conduct and
Obligations
You agree to follow
all applicable laws and regulations when using this website.
Furthermore, you agree that you shall not:
upload, post or otherwise
transmit through or to this website any content that:
is unlawful, abusive, threatening, harmful, obscene, lewd, offensive,
defamatory or otherwise objectionable;
might infringe the intellectual property rights, privacy rights,
rights of publicity, or other proprietary rights of others;
contains any viruses, trojan horses, time bombs, or any other
harmful programs or elements;
disrupt, place unreasonable burdens or excessive loads on, interfere
with or attempt to gain unauthorized access to any portion of
our website, its computer systems, servers or networks;
provide false information about yourself to us, impersonate
any other person, or otherwise attempt to mislead others about
your identity or the origin of any content, message or other
communication;
transmit junk mail, chain letters, or other unsolicited bulk
e-mail or duplicative messages;
collect information about other visitors to our website without
their consent or otherwise systematically extract data or data
fields, including without limitation any financial data or e-mail
addresses;
sell access to or the use of this website, including any content
contained on, downloaded or accessed from this website, except
as specifically permitted in writing by avex-wines.com ;
redistribute any content, including financial data, provided
by us in any manner whatsoever including by means of printed
publication, fax broadcast, web pages, e-mail, web newsgroups
or forums, or any other electronic or paper-based service or
method;
intentionally alter the format in which financial data is provided
by us or otherwise circumvent our regular interfaces to such
data; and
embed or import any financial data provided by us into any information
services (whether or not web-based), data files or application
software, including without limitation accounting and payroll
systems, except as except as specifically permitted in writing
by avex-wines.com .
By uploading, posting
or otherwise transmitting through or to our website any content,
you grant to us, our successors and assigns, a non-exclusive,
world-wide, royalty free, perpetual, non-revocable license to
use or distribute such content in any manner otherwise than
as stated in our Privacy Policy.
Indemnification
by User
You agree to indemnify,
defend and hold us and our affiliates, business partners, officers,
directors, employees and agents harmless from any loss, liability,
claim, demand, damage, or expense (including reasonable legal
fees) asserted by any third party relating in any way to your
use of this website or breach of these Terms of Use. We reserve
the right to assume the exclusive defense and control of any
matter subject to indemnification by you, which shall not excuse
your indemnity obligations.
Third Party Websites,
Content and Products and Services
Links or pointers
to other websites and references to products and services offered
by third parties are provided to you for convenience only and
do not constitute an endorsement or approval by us of the organizations
that operate such websites; the content, privacy policies or
other terms of use on such websites; or such third party products
and services. As we have no control or responsibility over websites
or content maintained by other organizations, or for products
and services offered by third parties, we do not assume any
liability for your use of any of the foregoing, which use you
acknowledge and agree shall be at your own risk.
Proprietary Rights
avex-wines, avex-wines.com,
Avex Wines Shop!, Avex TT and "A!" logos, and other
identifying marks of Avex Transtrading are and shall remain
the trade-marks and trade names and exclusive property of Avex
Transtrading, and any unauthorized use of these marks is unlawful.
Other trade-marks on this website are the property of their
respective owners. All content on this website, including without
limitation all programs, complied binaries, interface layout,
interface text, documentation and graphics, is the copyrighted
property of avex-wines.com and is protected by international
copyright law. The content on this website may be used by you
only for your personal, non-commercial use as provided for in
these Terms of Use, but may not be taken out of context or presented
in a misleading or discriminatory manner. Any rights not expressly
granted to you are reserved by us.
Notice of Copyright
Infringement
Our policy is to
comply with all intellectual property laws and to act expeditiously
upon receiving any notice of claimed infringement. If you believe
that your work has been reproduced on this website in a manner
that constitutes copyright infringement, please provide a notice
of copyright infringement containing all of the following information:
A physical or electronic
signature of a person authorized to act on behalf of the copyright
owner for the purposes of the complaint.
Identification of the copyrighted work claimed to have been
infringed.
Identification of the material on our website that is claimed
to be infringing or to be the subject of infringing activity.
The address, telephone number or e-mail address of the complaining
party.
A statement that the complaining party has a good-faith belief
that use of the material in the manner complained of is not
authorized by the copyright owner, its agent or the law.
A statement, under penalty of perjury, that the information
in the notice of copyright infringement is accurate, and that
the complaining party is authorized to act on behalf of the
owner of the right that is allegedly infringed.
All notices of copyright infringement should be sent to:
avex-wines.com
Attention: Intellectual Property Manager
E-mail: copyright@avex-wines.com
IMPORTANT: We at
avex-wines.com are committed to establishing our services in
as many languages as possible. However, our company is based
in Bulgaria and our staff are Bulgarian-speaking. We apologize,
but we can only correspond in Bulgarian.
General
If any provision
of these Terms of Use is held invalid or unenforceable in any
respect by any court having competent jurisdiction, such provision
shall be enforced to the maximum extent permitted by law, and
the remaining provisions of these Terms of Use shall continue
in full force and effect. No waiver of any provision of these
Terms of Use shall be deemed a further or continuing waiver
of such provision or any other provision of these Terms of Use.
You agree that these
Terms of Use, our Privacy Policy and other notices posted on
this website have been drawn up in Bulgarian and English. Accordingly,
you agree that in the event of any conflict between the Bulgarian
language version of the forgoing documents and English language
version(and any other translations thereto), the Bulgarian language
version of such documents shall govern.
These Terms of Use
shall be governed by and construed in accordance with the laws
of Bulgaria applicable therein, without regard to conflict of
laws thereto. The parties consent to the exclusive jurisdiction
of the courts of, and venue and situs in, Sofia, Bulgaria.
