This user agreement (hereinafter – «agreement») is concluded between DATABASE LLC (hereinafter – DB Advisors) (INN: 1302648001) and any physical person (hereinafter - User) who expressed intent to register or registered on the website http:// www.database.az (hereinafter - Website).
Accepting this agreement is considered a user's action consisting in putting a check mark in "I Accept the terms and conditions" and subsequent clicking the "Register" button, provided all the required fields of the registration form are filled in. Should the user fail to perform any action mentioned above he will be denied registration.
- SITE REGISTRATION
User registration is free of charge, voluntary and is conducted on the following website: http://www.database.az.
1.2. For registration User should visit required page by clicking "Register" button, and fill in all the required fields, approve the consent with the Agreement by checking the check box and subsequent clicking "Register" button.
1.3. Site User means a physical person, registered on site in accordance with the rules mentioned here, having reached maturity age declared by laws of Azerbaijan Republic.
1.4. Registering on site user is required to present required true and up to date information for including into User's personal page including unique login (email address) and password. Registration form can request additional information.
1.5. The User is responsible for true, actual information and its full conformity to the law and regulations of Azerbaijan Republic. Information should have no claims from the third parties.
1.6. After presenting the information mentioned in clause 1.4 of the agreement user is required to confirm the registration by activating his personal account which can be accessed by clicking the link in the email send by Site Administration. Should all the actions of the user be correct, the account will be ready for use. User can have only one registered account in the system.
1.7. Upon registering, User agrees with the present terms and conditions and takes obligations to comply. By doing this, User is granted full access to site functionality. The user does not acquire full access to the site. To get full access to the site and its services, the user must make a "membership fee".
1.8. After successful registration, site administration takes obligations to the user, described within the agreement.
1.9. Processing of personal data of the user is conducted in accordance with the law of Azerbaijan Republic. Site administration process this data to offer user all the required access to site functionality as well as providing user with personalized advertising, verification and analysis of such data in order to maintain and enhance the site functionality, create new functionality and site sections. Site administration is taking all the measures to protect personal data of user against illegal access, change, disclosure or destruction. Administration only grants access to personal data to operators and employees who are entitled to keep site functionality in good order and maintain user access to all the features of the site. Site administration is keeping right to use the information and personal data of user in order to maintain the law of Azerbaijan Republic (including prevention and suppression of illegal actions of users). Disclosure of user information can be done only in conformity with active legislation of Azerbaijan Republic by the demand of Court, law enforcement authorities and in other cases provided by legislation of Azerbaijan Republic. Since site administration is conducting processing of personal data of user in order to fulfill the requirements of the rules no consent of user is required (in accordance with the law on personal information
1.10. Login and password chosen by the user are required and sufficient to enable the user's access to website. User is prohibited to pass his login and password to other people and is bearing responsibility for keeping it secure. User can allow software to save login data (using cookie files) for subsequent automatic authorization on website. In case of loss of password user can recover it by following instruction on "Forgot Password" page.
1.11. Unless proven otherwise, any actions conducted using login and password of the user are considered to be done on behalf of the User. In case of unauthorized access to login, password and account page, or disclosure of login and password data the user should immediately contact administration.
1.12. Considering personal information listed on the website user is eligible to: (a) personally delete personal information from website; (b) personally delete personal user account by using functionality of website, accessible through "My settings" page.
1.13. In order to start surveys, user has to click "Go to surveys" button.
- USER CONSENT
2.1. By accepting the agreement user understands and gives his consent that he will be granted the following rights that could be implemented on website: • take surveys; • participate in tournaments and competitions. By earning certain number of index points become Database consultant and earn rewards. • make online purchase of listed products, check the results of the surveys;
2.2. By accepting the terms and conditions of this agreement and by registering on site user is transferring personal data and grants Database to process it using third parties and to hand over the data in cases based on the regulations of legislation of Azerbaijan Republic and the agreement.
2.3. By accepting the terms and conditions of this agreement user grants Database to transfer personal data to third parties in cases when this is required to fulfill the obligations towards the user and in strict accordance with the agreement.
2.4. By accepting the terms and conditions of this agreement user agrees that Database cannot be held liable for any technical failures of website and any effects caused by the latter during user's on-site activity, receipt of electronic confirmations, transfer of any information or performing any actions on-site, if caused by unstable performance of communication channels or internet, be it on user side and/or Database side.
2.5. By accepting the terms and conditions of this agreement user agrees that Database cannot be held liable for any technical failures of website and any effects caused by the latter and/or incorrect website performance on the client side software/hardware (user's PC) during user's activity on-site, receipt of electronic confirmations, transfer of any information or performing any actions on-site, if client side software/hardware (user's PC) is not conforming the following requirements: • User's PC has to have installed web-browser supporting up-to-date standards, encryption, scripting. • User's PC should have internet access. • User PC's software should support flash.
2.6. By accepting the terms and conditions of this agreement user agrees that Database cannot be held liable for any technical failures of website and any effects caused by the latter and/or incorrect website performance on the client side software/hardware (user's PC) during user's activity on-site, receiving prize (in case the User is the winner), electronic confirmations, transfer of any information, or during any other activity on-site, provided the mentioned effects are caused by Internet Provider, or by third parties.
2.7. By accepting the terms and conditions of this agreement user agrees that Database keeps the right to restrict the functionality of the user account and/or delete the account in case of non-compliance with the agreement.
- USER DUTIES
3.1. By using the website User is obliged to:
a) comply with the provisions of these Rules and other special documents of the site Administration;
b) present true and accurate information during registration and keep the personal data up-to-date;
c) take part on surveys and polls (answer the questions). Answer the questions frankly and based on one's subjective opinion;
d) upon receipt of electronic confirmation to thoroughly check the supplied information regarding the rating and standings. if supplied information is proved to be incorrect, User is required to contact administration by e-mail or phone not later than 3 days after receipt;
e) inform administration on unauthorized access to user account and/or unauthorized use of User login data;
f) not to give other users access to one's account or to any information stored in it in case it could violate the law of Azerbaijan Republic and/or terms and conditions of the agreement or any other special documentation presented by website;
g) not to post any information and objects (including links) violating rights and interests of third parties;
h) before posting information перед размещением информации и объектов предварительно оценивать законность их размещения;
i) keep secure and not to disclose to other users and third parties any personal data obtained from communication with other users or by other means of site use (including but not limited to home addresses, phone numbers, e-mail addresses, personal ID data, bank information) as well as information concerning private life of users and third parties without prior written permission of the latter;
j) perform reserve backup of any crucial data;
3.2. Administration recommends to abstain from any actions in case of any doubts regarding legitimacy of the latter, including distribution and access to information
3.3. While using the website user is prohibited to:
3.3.1. register an account on behalf of other person or instead of other person (false account) of to register an account for a legal entity. The registration of an account for an individual or legal entity with a permission, obtained in a proper manner in accordance with the laws of Azerbaijan Republic;
3.3.2. misinform the site user by using login and password of other registered user;
3.3.3. falsify personal information, age, relations with other persons or organizations;
3.3.4. upload, keep, publish, distribute and give access or otherwise use any information which:
(a) contains threats, discredits, insults, derogates, violates privacy of other users or third parties;
(b) violates rights of minors;
(c) promotes incitement to racial, ethnic hatred or enmity, promotes fascism or ideology of race supremacy;
(d) contains extremist materials;
(e) promotes criminal activity or contains advices, instructions, or manuals for illegal actions;
(f) contains information of restricted access, including but not limited to state and commercial secrets, third parties' personal information;
(g) contains advertising or describes attractiveness of use of narcotics, including digital narcotics (sound files influences the brain with binaural beats) as well as information on distribution of drugs, production formulas, usage advices;
(h) fraudulent by nature;
(i) violates other rights and interests of citizens and legal entities as well as law of Azerbaijan Republic.
3.3.5. illegally upload, keep, publish, distribute, give access or otherwise use intellectual property of Users and third parties;
3.3.6. conduct mass mailings of messages to other users without their consent;
3.3.7. use software and perform actions aimed at violation of proper functioning of website or personal pages of users;
3.3.8. use automated scripts or programs gathering information on website, interaction with website and functionality without special permission of site administration;
3.3.9. try to get access to other user login and password by any means not limited to fraud, betrayal of trust, breaking-in;
3.3.10. perform illegal collection and processing of personal data of other users;
3.3.11. use the website in any manner other than through interface offered by administration excluding cases when these actions are instructed by administration;
3.3.12. recreate, duplicate, copy, sell, trade and resell access for site use, as well as its additional functionality for any other reason than in cases directly allowed by administration;
3.3.13. publish commercial and political advertising on website departments other than special departments dedicated by administration;
3.3.14. post any other information which can be considered inappropriate, does not match website purposes, prejudicial to the interests of users or have other reasons;
3.3.15. perform any mass actions targeted on artificial increase the counter rates, (total and other rates etc.) on behalf of other users or personally using the functionality of ones' or other users' account functionality, not limited to use of any software, automated scripts, mass actions etc.
3.4. User is personally responsible for any information posted by him on the website, passed to other users, and any interaction with other users and doing so at his own risk.
3.5. In case of disagreement of user with the terms and conditions and any updates, user is required to refuse from any usage of the website and inform the administration.
3.6. Accepting the terms and conditions of the agreement, user agrees that in case of being selected as a Database Consultant, user obtains a right to get rewards by obeying the following rules: availability of users' personal ID and printed electronic confirmation, based on which a reward will be paid.
3.7. Accepting the terms and conditions of the agreement the user of agrees to pay all taxes from all rewards, and in accordance with the law of Azerbaijan Republic.
3.8. Accepting the terms and conditions of the agreement, user agrees that Database keeps right to request user any documentation to verify the users' identity in accordance with laws of Azerbaijan Republic. Database will be entitled to refuse paying the reward in case of absence of any documents.
- EXCLUSIVE WEBSITE CONTENT RIGHTS.
4.1. All objects of the website, including design elements, text, graphics, illustrations (hereinafter - Content) are the objects of exceptional rights of administration, users, and other holders. All rights for the content reserved.
4.2. In no way content may be copied, reproduced, reused, distributed, framed, published, downloaded, transferred, or otherwise used fully or partially without prior permission of rightholder, except cases described in terms and conditions, laws of Azerbaijan Republic and when rightholder openly expressed his consent for use of the content.
4.3. Using any content that is available only for personal, non-personal use only allowed provided all the copyrights of the owners are reserved, author names are kept intact, production is kept unchanged.
4.4. User agrees to present the administration right to use any content belonging to him, if this is required for proper functioning of website. Abovementioned inexclusive right is granted for the all-time, content is published on website, includes the right to reuse the content by publishing and display of advertising along with the content and is in force worldwide. Administration is entitled to pass the rights expressed above to third person.
4.5. In case user is deleting the content from website the inexclusive right in p 4.4 will be automatically withdrawn, however in case of necessity administration keeps right to keep archived copies of user content for a requisite time.
4.6. Besides personal content, user is prohibited to upload, or otherwise exhibit (publish on website) any content from other websites, databases, and other results of intellectual activity without exclusively expressed consent of the owner.
4.7. Any use of the website or content, except allowed by the agreement or clearly expressed consent of the rightholder, without the written permission of the rightholder is prohibited.
- FUNCTIONING OF WEBSITE AND USAGE RESPONSIBILITY
5.1. Users are held responsible for own actions in regards creation and distribution of information on their own personal page and other website departments in accordance with laws of Azerbaijan Republic. Violation of the Terms and Conditions and acting laws of Azerbaijan Republic entails civil, administrative and criminal liability.
5.2. Administration offers technical possibility to use the website, while does not control and cannot be held responsible for actions or inactions of any person towards the site usage.
5.3. Information system of website and its software does not contain a solution to perform automatic censorship and control user's interaction on-site, except special technical solutions realized by administration to prevent violation of rights of third parties with regards their intellectual activity.
5.4. Administration keeps right to alter website design, content, functionality, change or add scripts, software and other objects used or stored on-site, server applications at any time, with or without prior notification.
5.5. Site administration does not do preliminary moderation or censorship of user information and can only defend rights and interests and laws of Azerbaijan Republic only after appeal of user to administration in a proper manner.
5.6. Administration cannot be held responsible for violation of the agreement by the user, and keeps right to change (moderate) or delete any information posted by the user (including personal messages), that violates the rules set by the terms and conditions, suspend, restrict or deny access to all or any part of the website or its functionality any time, by any case, without prior notification or explanation, in its sole discretion or on getting informed by other users about such case. Administration keeps right to delete user account, or suspend, restrict access of user to any functionality if user would be considered a threat for website and /or its users. Administration realizes these measures in accordance with laws and cannot be held liable for any negative effects for the user or third parties.
5.7. Deletion of user account means automatic deletion of all information stored within, as well as all information entered by user while registering on website.
5.8. Administration provides functionality and operability of site and agrees to restore its performance in timely manner in case of any technical issues, failures and brakes. Administration cannot be held responsible for temporary downtime and interruption in site activity and possible loss of data caused by it. Administration cannot be held responsible for any damage caused to hardware of user or third party, mobile devices and any other equipment or software, caused or influenced by downloading data from website or following any links, posted on website.
5.9. Administration has the right to use statistic data, gathered while functioning of website as well as any user statistics in order to maintain targeted display of advertising. In order to maintain functional and technical support and correct pursuance of terms and conditions, administration has a possibility to access personal user accounts, which can be implemented only in cases, foreseen in this agreement.
5.10. Administration has a right to send the users information about website development, functionality features as well as advertise the project.
5.11. Responsibility restrictions of site administration:
5.11.1. Website and its functionality, including the scripts, applications, content, and decoration are offered as is. Administration cannot guarantee that website and its functionality could fit certain purposes. Administration cannot guarantee or promise any specific results deriving from usage of the website or its functionality;
5.11.2. In order to avoid any misunderstanding, user should take precautions while downloading any content from website or from any posted links, as well as using any files and software. Administration highly recommends using only licensed antivirus software;
5.11.3. Using the website users agrees that he/she is downloading any files from website on his/her own risk and is fully responsible for any possible circumstances arisen from use of downloaded materials, and any damage or loss caused to user's hardware as well as any other third persons, data loss and any other damage;
5.11.4. Under no circumstances administration or its representatives could be held responsible for any indirect, incidental, unintentional damage, including loss profit, data, harm the honor, dignity and business reputation caused by website usage, its content or other materials, accessed by you or third persons, even if warned by administration.
- FINAL PROVISIONS
6.1. These rules comprise agreement between User and Administration regarding site usage and its functionality and replace any previous agreements between user and Administration.
6.2. Emotions and partner s.r.o. (IČO 08117365. Prague, Czech Republic) is official partner of Gasolf GmbH (HRB 138019 B. Berlin, Germany) acting on behalf of Gasolf GmbH and within limits of agreement, has committed to carry out marketing and social research, surveys and tournaments on the website of DB Advisors project (www.database.az) All payments of bonuses to respondents as well as compilation of prize fund is being carried out by Emotions and partner s.r.o. with consent of Gasolf GmbH for improvement of quality of provided services.
6.3. These rules are regulated and interpreted in accordance with laws of Azerbaijan Republic. Questions unsettled by the rules are subject to be settled in accordance with laws of Azerbaijan Republic.
6.4. In case of any disputes and disagreements connected to implementation of present Rules, the user and administration are obliged to use all efforts to resolve by negotiations. Otherwise the disputes should be settled in accordance with the laws of Azerbaijan Republic.
6.5. These rules enter into force for user since his affiliation and have unlimited time frame.
6.6. These rules are brought in Russian language and can be offered to user in another language. In case of any divergence the Russian language version is in priority.
6.7. If by any reason one or more provisions of these rules should be considered void or having no legal effect, in no way should this impact validity or enforceability of the remaining provisions.
6.8. By accepting these rules user agrees that in case one or more provisions should be considered void, all the remaining provisions should be considered active.
6.9. By accepting these rules user agrees that he have read and understood all provisions listed by this agreement.