Welcome to http://www.telepristavka.com/ (the .Website.), which
is owned and operated by Telepristavka.com. We refer to the organization as .Telepristavka.com,.
the Website. Please review this Agreement carefully. By using this Website, you
consent to the Agreement, whether or not you register as a member (.Member.) on
this Website. If you wish to become a Member and make use of the Telepristavka.com
service (the .Service.), please read this Agreement and indicate your acceptance
by clicking .Accept. below.
1. Acceptance of Agreement
This Agreement is an electronic contract that sets out the legally binding terms
of your use of the Website and your Membership in the Service. Clicking on the .Accept.
button at the end of this Agreement creates an electronic signature that has the
same legal force and effect as a handwritten signature. By clicking on the .Accept.
button, you accept this Agreement and agree to the terms, conditions and notices
contained or referenced herein.
Telepristavka.com reserves the right, at its sole discretion, to modify this Agreement
in the future, and such modifications shall be deemed effective immediately upon
posting to the Website. Any continued use of the Website after posting such changes
will constitute your acceptance of this Agreement as modified.
You must be at least eighteen (18) years of age to register as a Member or use this
Website. Membership in the Service is void where prohibited. By using the Website,
you represent and warrant that you have the right, authority and capacity to enter
into this Agreement and to abide by all of the terms and conditions of this Agreement.
3. Responsibility for Account
You are responsible for all activity under your account with the Service. You are
responsible for maintaining the confidentiality of any password connected with your
account. You may allow only members of your household to use your account.
You acknowledge that you are aware that some content available through the Service
may be unsuitable for minors, and you agree to supervise usage by minors whom you
permit to use the Service.
4. No Commercial or Unlawful Use
This Website is only for your personal use and may not be used in connection with
any commercial endeavors.
You are required to comply with all applicable laws in connection with your use
of the Website, and such further limitations as may be set forth in any written
or on-screen notice from Telepristavka.com. As a condition of your use of the Website,
you warrant that you will not use the Website for any purpose that is unlawful or
prohibited by this Agreement.
5. Third Party Content and Links
This Website may contain third party-owned content and links to third party websites
or resources. Telepristavka.com does not endorse, sponsor, recommend, or otherwise
accept responsibility for any third party content on the Website. In addition, Telepristavka.com
has no control over third party websites or resources and is not responsible for
any content, advertising, products, services or other materials on or available
from such websites or resources. Telepristavka.com shall not be liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by or in connection
with the use of, or reliance upon, any such content, advertising, products, services
or other materials on or available from such websites or resources.
6. Content Posted by Users
Telepristavka.com is not liable for content provided by others, including users
on this Website. We have no obligation to review or monitor content posted to the
public areas of the Website by others. However, Telepristavka.com reserves the right
to review, change or delete such content without notice and for any reason.
You may not post content to the public areas of the Website that violates this Agreement.
Telepristavka.com does not claim ownership of any content that you may post. However,
by submitting content to the public areas of the Website, you grant Telepristavka.com
the right to use, copy, distribute, transmit, display, publish, reproduce, edit,
adapt, modify, translate and promote this content, and to create derivative works
from, or incorporate into other works, such content, and to grant and authorize
sublicenses of the same.
We or our suppliers may provide you with software to use with the Service. Your
use of any such software will be governed by the terms and conditions of the end
user license agreement (.EULA.) accompanying such software. If you receive any software
that is not accompanied by a EULA, then we grant you a non-exclusive, revocable,
personal, non-transferable license to use such software on any single computer from
which you wish to access and use the Service. Telepristavka.com reserves all rights
to such software not expressly granted to you in this Agreement. Such software is
protected by copyright and other intellectual property laws and treaties. Telepristavka.com
or its suppliers own the title, copyright, and other intellectual property rights
in such software, and such software is licensed, not sold. You may not sell or redistribute
the software. The license granted to you under this section for such software will
terminate on the date your Service subscription terminates. Telepristavka.com may
disable such software after the date your subscription terminates. You will not
disassemble, decompile, or reverse engineer such software. Telepristavka.com may
automatically check your version of such software and may automatically download
upgrades to such software to your computer in order to update, enhance and improve
8. Charges and Billing
Telepristavka bills you through an online account (your .Billing Account.) for use
of the Service. You agree to pay Telepristavka all charges including but not limited
to a non refundable administrative fee at the prices then in effect for any use
of the Service by you or other persons (including your agents) using your Billing
Account, and you authorize Telepristavka to charge, and you agree to pay using,
your chosen payment method (your .Payment Method.) for your use of the Service.
Accepted Payment Methods include Visa/MasterCard. You represent that you
are authorized to use your Payment Method. Telepristavka reserves the right to correct
any errors or mistakes that it makes even if it has already requested or received
If you are participating in any trial period offer, you must terminate your trial
subscription by the end of the applicable trial period to avoid incurring applicable
charges. If you do not terminate your trial subscription by the end of the trial
period, then you hereby authorize Telepristavka to charge your Payment Method for
your subscription to the Service. By participating in any trial period offer you
hereby authorize Telepristavka to charge your Payment Method a non refundable administrative
fee at the price then in effect.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT.
YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE
AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT
CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY Telepristavka IF YOUR PAYMENT
METHOD IS CANCELED (FOR EXAMPLE, FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A
POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR
USERNAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE EMAILED TO US. IF YOU FAIL
TO PROVIDE Telepristavka ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT Telepristavka
MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT
UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION TO THE SERVICE (CONFIRMED IN WRITING
The terms of your payment will be based on your Payment Method and may be determined
by agreements between you and the financial institution, credit card issuer or other
provider of your chosen Payment Method (the .Payment Method Provider.). If Telepristavka
does not receive payment from your Payment Method Provider, you agree to pay all
amounts due on your Billing Account upon demand.
If the amount to be charged to your Billing Account varies from the amount you preauthorized,
you have the right to receive, and Telepristavka shall provide, notice of the amount
to be charged and the date of the charge at least ten (10) days before the scheduled
date of the transaction. Any agreement you have with your Payment Method Provider
will govern your use of your Payment Method. You agree that Telepristavka may accumulate
charges incurred and submit them as one or more aggregate charges during or at the
end of each billing cycle.
If your subscription is for a specified duration, your subscription will expire
at the end of the subscription period. If, however, your subscription is on a periodic
basis, with no specified duration, then unless the terms of that subscription state
otherwise, your subscription will automatically and indefinitely renew for such
period until you terminate your subscription.
Your non-termination or continued use of the Service reaffirms that Telepristavka
is authorized to charge your Payment Method. Telepristavka may submit those charges
for payment and you will be responsible for such charges. This does not waive Telepristavka's
right to seek payment directly from you. Your charges may be payable in advance,
in arrears, per usage, or as otherwise described when you initially subscribed to
Telepristavka may, in its sole discretion, change the pricing of the Service subscription.
If your subscription is for a specific duration and price, then that price will
remain in effect for such duration, and any continued use of the Service thereafter
will be at the new price. If your subscription is on a periodic basis, with no specified
duration, then any change in pricing will be effective on the date indicated by
Telepristavka. If you do not agree to such change, then you must cancel your Membership
subscription and stop using the Service prior to the effective date of such change.
Your non-termination or continued use of the Service after the effective date of
such change constitutes your acceptance of and agreement to such change.
All amounts you owe Telepristavka must be paid in full on the date such payment
is deemed due by Telepristavka. You shall pay any late charges that Telepristavka
assesses on amounts due but not timely paid. The late charge will be the lesser
of 1% per month (or 12% per annum) on the total amount due but not paid or the maximum
rate that is permitted by law. Telepristavka reserves the right to refer your Billing
Account to a third party for collection in the event of default. You agree to pay
all costs incurred in the enforcement of this Agreement and in collection of any
delinquent amounts due, including reasonable attorneys. fees and costs.
If Telepristavka does not receive payment for any charge to your Billing Account,
you will be in default and Telepristavka may suspend or cancel your subscription
to the Service. If your Payment Method Provider seeks return of payments previously
made to Telepristavka, but Telepristavka in good faith believes that you are liable
for the charges, then, subject to applicable law, Telepristavka may seek payment
from you and you will also be in default.
9. Equipment and Internet Access
You are responsible for providing all equipment and Internet connections that you
will need to access the Service. Internet connectivity is not included in the subscription
fees you pay Telepristavka.com to use the Service. We are not responsible for any
problems or technical malfunction related to Internet connectivity or user equipment.
10. Technical Support and Interruption of Service
Although you are using the Service and any associated software AT YOUR OWN RISK,
we will offer technical support on a commercially reasonable basis through this
Website only. You may request support by submitting a request through our Support
Telepristavka.com makes no assurances about its response time, nor shall we be liable
for any delay in responding to a request for technical support.
Telepristavka.com schedules periodic downtime of this Website for maintenance and
other purposes. Unplanned service interruptions may also occur. In the event of
such interruptions, Telepristavka.com will make commercially reasonable efforts
to restore the Service. However, Telepristavka.com is not liable for service interruptions
unless the interruption: (a) is for reasons within Telepristavka.com's reasonable
control; and (b) continues for a period of twenty-four (24) hours or more. In the
event such an interruption occurs, Telepristavka.com will offer you a prorated credit
for the period of interruption if you make a written request within 30 days of the
interruption. Requests can be submitted via email to webmaster at Telepristavka.com.com.
The credit will be made on the next practicable cycle on your account and will be
your sole and exclusive remedy for any such interruption. No credit will be issued
if the interruption results from circumstances beyond Telepristavka.com's reasonable
control, including theft, vandalism, electrical power outage, acts of God, regulation
or governmental acts, computer viruses or worms, problems with third party elements
not within Telepristavka.com's control, or your failure to comply with this Agreement.
This Agreement will remain in full force and effect while you use this Website and/or
are a Member. You may terminate your Membership at any time, for any reason, upon
notice to Telepristavka.com by means of the account termination procedures described
in the Support section of Telepristavka.com. If you are participating in any trial period offer,
you must terminate your Membership before the end of the applicable trial period
to avoid incurring applicable charges. Termination of your Membership will not alter
your obligation to pay any amounts owed on your account at the time your Membership
is terminated. Certain services may require termination charges, and you will pay
all such termination charges specified to you at the time your register for the
Telepristavka.com may suspend or terminate your Membership at any time for any reason,
with or without notice. Upon termination of your Membership, your right to use the
Website will immediately cease. If Telepristavka.com terminates your Membership
because you have breached this Agreement, you will not be entitled to any refund
of unused subscription fees. All terms of this Agreement that by their nature may
survive termination of this Agreement shall be deemed to survive such termination.
12.Copyright and Trademark Notices
All content on this Website is owned, controlled or licensed by or to Telepristavka.com
and is protected by copyright and various other intellectual property laws. No part
of the Website or the Service may be copied, modified, published, transmitted, distributed,
performed, displayed or sold in any way without the prior written consent of Telepristavka.com.
All trademarks appearing on this Website, whether or not appearing in large print
or with the trademark symbol, are the property of Telepristavka.com or their respective
owners. The use or misuse of these trademarks or any materials, except as expressly
permitted herein, is prohibited, and nothing stated or implied on this Website confers
on you any license or right under any patent or trademark of Telepristavka.com or
any third party.
Use of the Website and/or the Service is also governed by our
14. Disclaimer of Warranties
THIS WEBSITE AND THE SERVICE ARE PROVIDED .AS IS,. .WITH ALL FAULTS. AND .AS AVAILABLE,.
AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT
IS WITH YOU. Telepristavka.com MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER
RELATING TO THE WEBSITE, OR OTHER CONTENT OR WEBSITES THAT MAY BE ACCESSIBLE DIRECTLY
OR INDIRECTLY THROUGH THIS WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Telepristavka.com
DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION:
(i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) WARRANTIES
AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS;
(iii) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEBSITE; (iv) WARRANTIES
RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF DATA; AND
(v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS
OR OMISSIONS BY Telepristavka.com OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY
THAT THE WEBSITE OR THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS
OR REQUIREMENTS OF ANY OTHER PERSON.
Telepristavka.com MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT
THE INFORMATION PROVIDED THROUGH THE WEBSITE OR THE SERVICE WILL BE FREE FROM ERROR,
OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES
OR TYPOGRAPHICAL ERRORS; THAT THE WEBSITE OR THE SERVICE WILL BE AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE WEBSITE OR THE SERVICE
WILL BE CORRECTED; OR THAT THE CONTENT AVAILABLE THROUGH THE WEBSITE OR THE SERVICE
IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS WEBSITE
IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE
Telepristavka.com MAKES NO WARRANTIES OR REPRESENTATIONS RELATING TO THIRD-PARTY
CONTENT OR LINKED WEBSITES OR RESOURCES, AND YOU ASSUME TOTAL RESPONSIBILITY FOR
YOUR USE OF SUCH CONTENT, WEBSITES OR RESOURCES.
15. Limitation of Liability
IN NO EVENT WILL Telepristavka.com BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING LOST PROFITS ARISING OUT OF YOUR ACCESS, USE, MISUSE OR INABILITY TO USE
THIS WEBSITE OR THE SERVICE, EVEN IF Telepristavka.com HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN ADDITION, Telepristavka.com EXPRESSLY DISCLAIMS ANY AND ALL
LIABILITY RELATED TO, ARISING FROM, OR CONNECTED WITH ANY THIRD-PARTY CONTENT OR
LINKED WEBSITES OR RESOURCES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Telepristavka.com.S LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL
AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Telepristavka.com
DURING THE TERM OF MEMBERSHIP. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, Telepristavka.com.S LIABILITY
IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify and hold Telepristavka.com, its subsidiaries, affiliates,
officers, agents and other partners and employees, harmless from any loss, liability,
claim or demand, including reasonable attorneys. fees, made by any third party due
to or arising out of your use of the Website or the Service, your violation of this
Agreement, or your violation of any rights of another.
17. Notice of Copyright Infringement
Telepristavka.com respects the intellectual property of others, and we ask our Members
and visitors to do the same. If you believe that your work has been copied and is
accessible on this Website in a way that constitutes copyright infringement, please
provide Telepristavka.com's Copyright Agent with the following information:
(a) an electronic or physical signature of the owner of the copyright or a person
authorized to act on the owner's behalf;
(b) identification of the copyrighted work claimed to have been infringed;
(c) identification of the allegedly infringing material on the Website that is requested
to be removed;
(d) your name, address, telephone number and email address;
(e) a statement that you have a good faith belief that the use of the copyrighted
work is not authorized by the copyright owner, its agent, or the law; and
(f) a statement, made under penalty of perjury, that the information in the notification
is accurate and that the signatory is the copyright owner or a person authorized
to act on behalf of the copyright owner.
Telepristavka.com's Copyright Agent for notice of claims of copyright infringement
on this Website can be reached as follows:
help at Telepristavka.com
18. Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of
the State of New York, without regard to its conflict of law principles. You agree
to submit to the exclusive jurisdiction and venue of the state and federal courts
of the State of New York in all disputes arising out of or relating to the use of
this Website or the Service.
19. Electronic Contracting; Access and Retention
By clicking on the .Accept. button below, you indicate your acceptance of this Agreement
and the terms, conditions and notices contained or referenced herein. This action
creates an electronic signature that has the same legal force and effect as a handwritten
signature, indicating your consent to enter into a legally binding contract.
By clicking on the .Accept. button below, you consent to have this Agreement provided
to you in electronic form. In order to access and retain this electronic Agreement,
you must have access to the Internet, either directly or through devices that access
Internet-based content, and pay any service fees associated with such access. In
addition, you must use all equipment necessary to make such connection to the Internet,
including a computer and modem or other access device. Please print a copy of this
Agreement for your records. To retain an electronic copy of this Agreement, you
may save it into any word processing program.
The failure of Telepristavka.com to enforce any provisions of this Agreement or
respond to a breach by you or other parties shall not in any way waive its right
to enforce subsequently any terms or conditions of this Agreement or to act with
respect to similar breaches.
We may assign this contract at any time without notice to you. You may not assign
this contract to anyone else.
22. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there
shall be no third party beneficiaries to this Agreement.
23. Export Controls
You may not use, export or re-export any content, software or other materials from
this Website in violation of any applicable laws or regulations, including without
limitation United States export laws and regulations.
24. Void Where Prohibited
Not all features, products or services offered through this Website are appropriate
or available to all persons or in all geographic locations. Telepristavka.com reserves
the right to limit, in its sole discretion, the provision and quantity of any feature,
product or service to any person or geographic area. Any offer for any feature,
product or service made on the Website is void where prohibited.
25. Integration and Severability
Unless otherwise specified herein, this Agreement constitutes the entire agreement
between you and Telepristavka.com and governs your use of this Website and the Service.
If any portion of this Agreement is held invalid or unenforceable, that portion
shall be construed in a manner consistent with applicable law to reflect, as nearly
as possible, the original intention of the parties, and the remainder of this Agreement
shall continue in full force and effect.
BY CLICKING ON THE .SIGN. BUTTON BELOW, I ACKNOWLEDGE THAT I AM ELECTRONICALLY SIGNING
THIS AGREEMENT AND AGREEING TO BE LEGALLY BOUND BY ALL OF THE TERMS, CONDITIONS
AND NOTICES CONTAINED OR REFERENCED HEREIN.
Effective Date: 5/4/2012