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TERMS OF USE AGREEMENT

Welcome to our Dragonicum.com!

By using our site, you are agreeing to comply with and be bound by the Terms of Use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site.

The term »Dragonicum.com« or »us«, or »our« refers Dragonicumcom, the legal owner of the trade portal: www.dragonicum.com. The term "you" refers to the user or viewer of the website Dragonicum.com.

  1. Acceptance of this Agreement
  2. Copyright
  3. Service marks/Trademarks
  4. Permitted use
  5. Restrictions and Prohibitions
  6. Linking
  7. Advertisers and sponsors
  8. Errors, Corrections and Changes
  9. Registration
  10. Content
  11. Third Party Content
  12. Investigation of Complaints
  13. Indemnification
  14. Disclaimer
  15. Liability
  16. Use of information
  17. Third Party Services
  18. Third Party Merchants Policy
  19. Privacy Policy
  20. Disclaimer Policy
  21. Payments
  22. Links to other Web sites
  23. Legal Compliance
  24. Arbitration

1. Acceptance of Terms of Use Agreement

You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be updated at any time by us without specific notice to you. The latest updated Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

2. Copyright

The content, company portal, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.

3. Service Marks/Trademarks

"Dragonicum.com" and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.

4. Permitted Use

You are granted a non-exclusive, non-transferable, revocable license:

  • to access and use the Site strictly in accordance with this Agreement
  • to use the Site solely for internal, personal, non-commercial purposes
  • to print out discrete information from the Site solely for internal, personal,  non-commercial purposes and provided that you maintain all copyright and other policies contained therein.

No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

5. Restrictions and Prohibitions

Your license for access and use of the Site and any information, company information, materials or documents (collectively defined as "Content and Materials") therein are subject to the following restrictions and prohibitions on use: You may not:

  • copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved from it;
  • use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism
  • create compilations or derivative works of any Content and Materials from the Site;
  • use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties;
  • remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site;
  • make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future;
  • remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture;
  • use any automatic or manual process to harvest information from the Site;
  • use the Site for the purpose of gathering information for or transmitting:
    • unsolicited commercial email;
    • email that makes use of headers, invalid or nonexistent domain names, or other means of  deceptive addressing; and
    • unsolicited telephone calls or facsimile transmissions;
  • use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and
  • export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations.

6. Linking

You may provide links to the Site, provided that:

  • you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site
  • your site does not engage in illegal or pornographic activities, and
  • you discontinue providing links to the Site immediately upon request by us

7. Advertisers and Sponsors

Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials. 

8. Registration

Certain sections and services from the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration and/or purchase information. Your registration must be done using accurate information. Each registration is for your personal use only. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.

9. Errors, Corrections and Changes

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site. 

10. Content

Each user hereby represents, warrants and agrees that the information submitted to the Site for display in the trade portal shall not:

  • violate any applicable law, status, ordinance or regulation (incl. limitations of governing exports control, consumer protection, unfair competition, anti-discrimination and false advertising)
  • relate to sale of products and services that infringe or otherwise encourage or abet the infringement or violation of any third party's copyright, patent, trademarks, trade secrets or other proprietary right or rights of publicity or privacy
  • contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities
  • be part of a scheme to defraud other Users of the Site or for any other unlawful purpose
  • be defamatory, libelous, unlawfully threatening or unlawfully harassing;
  • be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promote sexually explicit materials or is otherwise harmful to minors
  • contain any material that constitutes unauthorized advertising or harassment, (including, but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulations
  • contain any computer viruses or other destructive devices and codes that can have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information
  • link directly or indirectly to or include descriptions of goods, services or companies that are prohibited under this Agreement
  • otherwise create any liability for MCF, Dragonicum.com or its partners/affiliates.

11. Third Party Content

Third party content may appear on the Site or may be accessible via links from the Site. Dragonicum is not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief. 

Certain Content

Certain content on this site is copyrighted. This content is provided "as is" without warranty of any kind. Neither we, nor any data suppliers make any warranty whatsoever as to the accuracy or completeness of the content or the results to be obtained from using the information contained therein and neither we nor any data suppliers will be responsible for any claims attributable to errors, omissions, or other inaccuracies in the information contained in the content. The entire risk for the results and performance of the content is assumed by the user.

Further, neither we nor any of our data suppliers make any representations or warranties, either express or implied, with respect to the content, including, but not limited to, the quality, performance, merchantability or fitness for a particular purpose of the content or any information contained therein. In no event will we or any data suppliers be liable for direct, indirect, special, incidental, or consequential damages arising out of the use of or inability to use the content or for any loss or damage of any nature caused to any person as a result of that use.

Material contained in the content may not be duplicated or redistributed without the prior written consent of us and the copyright holder, except that one print copy of search output is permitted for use within the user's organization and that search output may be stored temporarily in electronic media for editing or reformatting and subsequent printing of one print copy of search output for internal use.

12. Investigation of Complaints

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, and other given information.

13. Indemnification

You agree to indemnify, defend and hold us and our partners, members of the trade portal and other users, third party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site. 

14. Disclaimer

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

15. Liability

We are not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (1) any errors in or omissions from the Site or any services or products obtainable therefrom, (2) the unavailability or interruption of the Site or any features thereof, (3) your use of the Site, (4) the content contained on the Site, or (5) any delay or failure in performance. 

16. Use of Information

We reserve the right, and you authorize us, to the use and assignment of all information regarding the Site use by you and all information provided by you in any manner, consistent with our Privacy Policy.

All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations.

Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

17. Third-Party Services

We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants.

You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. 

18. Third-Party Merchant Policies

All rules, policies (including privacy policies) and operating procedures of Merchants  will apply to you while on any Merchants sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

19. Privacy Policy

Our Privacy Policy is a part of this Agreement.

20. Disclaimer Policy

Our Disclaimer Policy is part of this Agreement, see point 14 above.

21. Payments

You represent and warrant that if you are purchasing something from us or from Merchants that:

i.   any credit information you supply is true and complete

ii.  charges incurred by you will be honored by your bank or credit card company, and

iii.  you will pay the charges incurred by you at the posted prices, including any applicable taxes

22. Links to other Web sites

The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us.

Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk. 

23. Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein. .

24. Arbitration

Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us relating to Site operations and/or intellectual property, shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of Slovenia.  The arbitration shall be conducted in The Court of Koper, Slovenia.   

Last updated: 15 October 2007