Terms and Conditions

www.china-ceec-sme.org

User Terms and Conditions

The www.china-ceec-sme.org Web site (“Site”) is made available by the Association for the

Promotion of Agricultural Cooperation between China and the CEE countries (“Association”).

All content provided on or through this Site may be used only under the Terms and Conditions

stated below:

USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO THE TERMS AND

CONDITIONS OF USE ESTABLISED BY THE ASSOCIATION

When you access information provided on the Site, you acknowledge your agreement to these

Terms and Conditions. References to “you” or “your” refer to you as an individual as well as in

any representative capacity you may have.

SERVICES PROVIDED

The Site provides information of importance to the agricultural business, trade and investment

community. The Association may, as a service to its participators, allow third parties to promote

their services and/or products through the Site. The provision of such products and services is

governed by the terms of use established by such third parties, and the Association assumes no

responsibility either directly or indirectly for the provision of products or services by such third

parties.

PROPERTY RIGHTS ON THE SITE AND IN USER-SUBMITTED DATA

2.1 Property Rights on the Site

(a) Subject to these Terms and Conditions the Association hereby grants to you, the right to

access and use the Site for your own internal use. In your use of the Site you agree not to

remove any copyright or other notices contained therein. Except as expressly authorized

herein, you may not use, copy, reproduce, transmit, translate, offer for sale, sell, display,

perform, distribute, publish, broadcast, circulate, modify, create derivative works of,

disseminate, or commercially exploit the Site without the written consent of the

Association. You also agree not to use the Site for any unlawful purpose.

(b) The Site is the property of the Association and is protected by applicable copyright,

patent, trademark or other intellectual property law. The Association retains its title,

ownership rights, and intellectual property rights in and to the Site. You agree to abide by any

other material accessible through the Site.

Wide Web site or Internet location or source of information, services, software, or goods of

any company, organization, or person other than www.china-ceec-sme.org, or to any other Internet

location, you acknowledge that such other sites or locations are not under the control of the

Association and agree that the Association shall not be responsible for any of the information,

services, software, or goods or other links found at any such World Wide Web site or Internet

location or source of information, services, software, or goods, or for your use of such

information, services, software, or goods.

(d) THE ASSOCIATION MAKES NO EXPRESS REPRESENTATION OR WARRANTY

WITH RESPECT TO SUCH SITE, DISCLAIMS ALL IMPLIED WARRANTIES

(INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND

NONINFRINGEMENT), DISCLAIMS RESPONSIBILITY FOR, AND ASSUMES NO

LIABILITY REGARDING, ANY INFORMATION, SERVICES, SOFTWARE, OR GOODS

AVAILABLE, ADVERTISED, SOLD, OR FOUND ON ANY OTHER WEB SITE NOT

UNDER THE ASSOCIATION’S CONTROL (INCLUDING, WITHOUT LIMITATION,

WEB SITES LINKED TO THE SITE) OR, WITHOUT LIMITING THE GENERALITY OF

THE FOREGOING, THE QUALITY, SAFETY, ACCURACY, AVAILABILITY, DECENCY,

OR SUITABILITY OF SUCH INFORMATION, SERVICES, SOFTWARE, OR GOODS.

(e) Transmission or use of any material in violation of these Terms and Conditions – or any

applicable law, rule or regulation (whether of the Republic of Croatia or other countries) – or

the rights of any third party is prohibited. This includes, but is not limited to, copyrighted

material, material which is defamatory, threatening, obscene, lewd and indecent, material

protected by trademark, trade secret, or patent laws, or material that results in an invasion of

privacy.

2.2 Property Rights in User Submitted Data

Data, information or other content uploaded directly to, or provided to the Association to

place on, the Site by you (“User Submitted Data”) shall be and remain your property (as

between you and the Association). All other information gathered or provided by the

Association (including, without limitation usage information and analysis based on User

Submitted Data) shall be and remain the property of the Association (“Site Use Data”). The

Association will retain possession of, and make use of, copies of the User Submitted Data and

Site Use Data for the purpose of performing the Services and otherwise meeting the

Association’s obligations and responsibilities under the Agreement. Subject to the

confidentiality restrictions set forth in Paragraph 5 below, the Association’s use of the User

Submitted Data and Site Use Data may include the display, parsing, modification,

reproduction, copying, transmission, translation, performance, publication, broadcast,

preparation of derivative works or dissemination thereof, internally by the Association, and to

third parties with whom the Association does advertisement, market research and other

commercial purposes. You grant to the Association all necessary rights and releases required

for the Association to perform the services and the activities described on the Site.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

3.1 THE SITE IS PROVIDED “AS IS.” NEITHER THE ASSOCIATION NOR ANY OF ITS

LICENSORS OR SUPPLIERS MAKE ANY WARRANTY, GUARANTEE OR

REPRESENTATION OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THAT

ACCESS TO, OR USE OF, THE SITE WILL BE UNINTERRUPTED, ABSOLUTELY

SECURE, COMPLETE, ACCURATE OR ERROR FREE). IN ADDITION, THE ACCURACY,

COMPLETENESS OR TIMELINESS OF THE INFORMATION ITSELF IS NOT

WARRANTED OR GUARANTEED. YOUR USE OF THE SERVICES AND THE

INFORMATION ACCESSED ON OR THROUGH THE SITE IS ENTIRELY AT YOUR OWN

RISK AND IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE ACCURACY AND

COMPLETENESS AND THE ASSOCIATION AND ITS LICENSORS AND SUPPLIERS

HEREBY EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES,

INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND

NONINFRINGEMENT.

3.2 YOU UNDERSTAND THAT THE ASSOCIATION DOES NOT GUARANTEE THAT IT

WILL CONTINUE TO MAKE THE SITE AVAILABLE TO YOU, WHETHER BY THE SAME

METHODS CURRENTLY USED OR OTHERWISE. THE ASSOCIATION MAY

DISCONTINUE PROVIDING THE SITE TO YOU AT ANY TIME. YOU AGREE NOT TO

HOLD THE ASSOCIATION LIABLE FOR ANY DAMAGES ARISING FROM A

DISCONTINUATION OR MODIFICATION OF ALL OR PART OF THE SITE.

3.3 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT AND UNDER NO

LEGAL THEORY (CONTRACT, WARRANTY, TORT OR OTHERWISE) WILL THE

ASSOCIATION OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT,

INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR

OTHER DAMAGES INCURRED BY YOU AND IN ANY WAY ARISING OUT OF OR

RELATED IN ANY WAY TO THESE TERMS AND CONDITIONS (INCLUDING, WITHOUT

LIMITATION, YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY DAMAGES

YOU MAY INCUR IN CONNECTION WITH ANY DECISION MADE, ACTION, OR

INACTION, TAKEN BY YOU OR ANY OTHER PARTY, IN RELIANCE UPON THE

INFORMATION OR FOR THE RELIABILITY, ACCURACY, COMPLETENESS OR

TIMELINESS THEREOF, OR FOR ANY DELAYS OR ERRORS IN THE TRANSMISSION

OR DELIVERY OF ANY PART OF THE INFORMATION OR SERVICES), EVEN IF

ADVISED OF SUCH DAMAGES. IN ADDITION TO AND WITHOUT LIMITING THE

FOREGOING, THE ASSOCIATION SHALL NOT BE LIABLE FOR ANY HARM CAUSED

BY THE TRANSMISSION, THROUGH THE SITE OF A COMPUTER VIRUS, OR OTHER

COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS,

MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR

OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OF THE SITE OR ANY OF

YOUR SOFTWARE, HARDWARE, DATA OR PROPERTY.

YOUR INFORMATION

4.1 You hereby represent and warrant that you are at least eight teen (18) years of age; that any

information you have provided to gain access to the Site is true and accurate to the best of your

knowledge; and that you have read and agree to the terms of our Privacy Statement.

4.2 You shall not upload to the Site any User Submitted Data which:

(i) violates or infringes the rights of any persons, including without limitation rights in

copyrights, patents, trademarks or other intellectual property rights;

(ii) is libelous, defamatory, obscene, pornographic, abusive or otherwise violates any law; or

(iii) contains viruses, “worms”, “Trojan horses” or any other harmful properties, or use the

Services for, or to further, any illegal purposes. The Association reserves the right, in its sole

discretion, to edit or delete any User Submitted Data uploaded to the Site in violation of the

foregoing.

CONFIDENTIALITY

The Association agrees to protect and maintain the confidentiality of User Submitted Data in

accordance with the policies, methods, and procedures set forth in the privacy statements and

security policies on the Site.

TERMINATION

If we believe you have violated these Terms and Conditions, we may terminate your access to the

Site.

INDEMNIFICATION

You agree to indemnify and hold harmless the Association (and its director, officers, employees,

control persons, suppliers, licensors and agents) from and against any and all claims, losses,

liabilities, damages, costs and expenses (including reasonable attorney’s fees and costs) arising

out of or related to: (a) your breach of your agreements, representations and warranties contained

in these Terms and Conditions; (b) your use of the Site (i) in violation of these Terms and

Conditions, (ii) in violation of any rights of the Association or any third-party information

provider, including copyright, patent, trade secret, trademark, or other intellectual property rights

and publicity and privacy rights, or (iii) in violation of any applicable law, rule or regulation; or

(iv) information or materials you upload or post to the Site.

COMPLIANCE WITH LAWS

You will comply with all applicable laws, rules and regulations in connection with your

participation in our programs and use of our Web site, and will not engage in any act that has an

adverse impact on the performance or availability of our programs or our Web site.

NOTICE OF COPYRIGHT INFRINGEMENT

If you are a copyright owner who believes your copyrighted material has been reproduced, posted

or distributed via the Site in a manner that constitutes copyright infringement, please report the

violation to our designated copyright agent by sending written notice by Mail to Small and Medium Entrepreneurship, Ulica grada Vukovara 78, 10000 Zagreb, Croatia,

Attn: Webmaster, or by email to webmaster@china-ceec-sme.org. Please note that the contact

information provided in this paragraph should only be used for reporting suspected copyright

infringement. Contact information for other matters is provided elsewhere in these Terms and

Conditions or on the Site.

Please include the following information in your written notice:

(1) a detailed description of the copyrighted work that is allegedly infringed;

(2) a description of the location of the allegedly infringing material on the Site;

(3) your contact information, including your address, telephone number, and, if available, email

address;

(4) your statement that you have a good-faith belief that the allegedly infringing use is not

authorized by the copyright owner, its agent, or the law;

(5) your statement, made under penalty of perjury, affirming that the information in your notice is

accurate and that you are authorized to act on the copyright owner’s behalf; and

(6) an electronic or physical signature of the copyright owner or someone authorized on the

owner’s behalf to assert infringement of copyright and to submit the statement.

GENERAL

9.1 Notices given by the Association to you will be given by e-mail, or by a general posting on

www.china-ceec-sme.org, or by conventional mail. In any matter requiring Association’s prior consent, such

consent will be considered given only if made in the foregoing manner by an authorized

representative of the Association. Notices given by you to the Association may be sent

to custom@china-ceec-sme.org or by conventional mail addressed to the Association for the

Small and Medium Entrepreneurship, Ulica grada Vukovara 78, 10000 Zagreb, Croatia.

9.2 Except as herein provided, no waiver, modification or amendment of any provision of these

Terms and Conditions shall be effective against the Association unless the same is in writing and

signed by an authorized official of the Association. The Association may modify these terms and

conditions at any time upon written notice or posting to the Site. You agree that if you access and

or use the Site after notification of changes in these Terms and Conditions, you will be bound by

all such changes.

9.3 The Association’s failure to insist at any time upon strict compliance with any term of these

Terms and Conditions, or any delay by the Association in enforcing these Terms and Conditions,

or a continued course of such conduct on the Association’s part shall at no time operate as a

waiver of such power or right, nor shall any single or partial exercise preclude any other future

exercise. If any provision of these Terms and Conditions is declared invalid or otherwise

unenforceable, the enforceability of the remaining provisions shall be unimpaired, and the parties

shall replace the invalid or unenforceable provision with a valid and enforceable provision that

reflects the original intentions of the parties as nearly as possible in accordance with applicable

law. These Terms and Conditions will be governed by and construed and enforced in accordance

with the substantive law of the Republic of Croatia. The parties consent to venue in Sofia,

Republic of Croatia, and to the jurisdiction of competent Sofia city court for all litigation which

may be brought with respect to the terms of, and the transactions and relationships contemplated

by, these Terms and Conditions.

BY CONTINUING TO USE WWW.CHINA-CEEC-SME.ORG YOU AGREE TO ABIDE BY THESE

TERMS AND CONDITIONS.