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1. COPYRIGHT AND TRADEMARKS
This site is owned and operated by M.D.I. Mercury Co. Ltd. (referred to as “M.D.I. Mercury Co. Ltd, mercury.com.cy “we,” “us,” or “our” herein). No material and trademarks from the site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of mercury.com.cy copyright and other proprietary rights. The use of any such material on any other Web site or networked computer environment is prohibited. Except as otherwise indicated on this site and except for the trademarks, service marks and trade names of other companies that are displayed on this site, all trademarks, service marks and trade names are proprietary to mercury.com.cy. In the event that you download any software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are non-exclusively licensed to you by mercury.com.cy.
2. DISCLAIMERS / LIMITATION OF LIABILITY
3. MEMBER PRIVACY
It is mercury.com.cy policy to respect the privacy of its members. mercury.com.cy will not monitor, edit, or disclose any personal information about you or your use of the Service, including its contents, without your prior permission unless mercury.com.cy has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of mercury.com.cy; (3) enforce the TOS; or (4) act to protect the interests of its members or others. mercury.com.cy does provide certain user information in aggregate form to third parties, including its advertisers, for demographics. In addition, your Internet Protocol address is transmitted with each message sent from your account. Some personal information you provide to mercury.com.cy may be stored outside of the country in which you reside. You agree that mercury.com.cy may access your account, including its contents, as stated above or to respond to service or technical issues.
4. MEMBER CONDUCT
As a condition of your use of the Service, you warrant to mercury.com.cy that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:
• Use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information.
• Advertise or offer to sell or buy any goods or services for any non-personal purpose.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service member any directory of the Service members or other user or usage information or any portion thereof other than in the context of your use of the Service as permitted under the TOS.
• Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
• Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents.
• Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
• Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
• Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from Cyprus through the service.
• Interfere with another member’s use and enjoyment of the Service or another individuals’ or entity’s use and enjoyment of similar services.
• mercury.com.cy has no obligation to monitor its Services or any user’s use thereof or retain the content of any user session. However, mercury.com.cy reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
5. LINKS TO THIRD PARTY SITES
mercury.com.cy contains many links to external sites. These links may let you leave the service web sites (‘linked sites’). The linked sites are not under the control of mercury.com.cy and mercury.com.cy is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. mercury.com.cy is not responsible for webcasting or any other form of transmission received from any linked site. mercury.com.cy is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by mercury.com.cy of the site or any association with their operators. mercury.com.cy is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. mercury.com.cy is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by mercury.com.cy of the linked site. mercury.com.cy is not responsible for the copyright compliance of any linked site. mercury.com.cy will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.
You agree to indemnify and hold mercury.com.cy its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Service.
mercury.com.cy may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason deemed appropriate by mercury.com.cy. Upon termination of the Service, your right to use the Service immediately ceases. If you wish to terminate your account, your only recourse is to discontinue the use of the Service. mercury.com.cy shall have no obligation to maintain any content in your account.
8. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Any dealings with Advertisers on the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Advertiser or other third party. mercury.com.cy shall not be responsible or liable for any part of any such dealings or promotions.
9. MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES
mercury.com.cy reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify you by posting an updated version of the TOS on this Web site. You are responsible for regularly reviewing the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes.
10. SITE AVAILABILITY
mercury.com.cy will attempt to ensure continuous availability of the site and all the services but accept no responsibility for the consequences of interruptions or delays, however caused. mercury.com.cy will intend to change its design and functionality from time to time in an attempt to improve the use and services on the site. We use our best efforts to ensure that mercury.com.cy is available to users of the World Wide Web 24 hours a day, 7 days a week. At times the site may be partially or completely unavailable due to line or technical faults or reasons beyond our control such as failures by third party service providers or a risk of virus attack. It is our intention to deal with these situations as quickly as reasonably possible, but you agree that we shall have no financial liability to you in the event of such unavailability.
11. PAYMENT AND CURRENCY
mercury.com.cy online services are divided into 3 groups, Product Sales, Education sales and Web Advertising are purchased within each group. All users, subject to the currency for Cyprus (Euro), and mercury.com.cy will calculate and show the value in this currency when you are buying services from other country except the Euro zone. Payment is required in advance to the appropriate mercury.com.cy office by bank transfer, Paypal or by credit card. Refunds will be given at the discretion of the Company Management. mercury.com.cy bases it’s charging on the Euro.
12. SALES OR GOVERNMENT TAX
The current understanding on Sales or Government taxes is as follows: Any person whose buying any product or service from mercury.com.cy the VAT is payable on all amounts invoiced, at the applicable rate of Cyprus. If the Government make changes to these Taxes or to the rules to Internet sales, then mercury.com.cy has the right to change this tax immediately and back date to any transactions by issuing Credit Notes and Invoices appropriately, and collect or refund any difference.
This agreement is governed by the laws of the Republic of Cyprus. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and mercury.com.cy as a result of this agreement or use of the Service. mercury.com.cy performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of mercury.com.cy right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by mercury.com.cy with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and mercury.com.cy with respect to the Service (excluding the use of any software which may be subject to an end-user license agreement) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and mercury.com.cy with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and mercury.com.cy agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.