Terms of Use

Please read these terms of use carefully before you start to use the site. These terms of use (together with the documents referred to in them) tell you the terms on which you may make use of our website, www.icoguide.com (hereinafter - our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, registering to use our site or communicating. 

 

These terms constitute the entire agreement between you and us and shall apply to the exclusion of all other terms or conditions of contract which you may purport to propose.

 

By using our site, you agree to be bound by these terms, confirm that you accept these terms of use and that you agree to comply with them.

 

In the event that any part of these terms is held to be unenforceable, such part will at our option be construed as far as possible to reflect the parties' intentions and the remainder of the provisions will remain in full force and effect.

 

Use of site and these terms are subject to the laws of Georgia which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licenses and conditions of use and shall be construed in accordance with the laws of Georgia and the parties submit to the exclusive jurisdiction of the Georgian courts.

 

It is hereby asserted that no representation or warranty is made as to whether our site complies with the regulatory regime and local laws of any other countries.

 

If you do not agree to these terms of use, you must not use our site and leave it.

 

INFORMATION YOUR VISITS TO OUR SITE

Information about you and/or your visits which is collected on this site is collected and used by us and other third parties in accordance with our Privacy Policy and our Cookie Policy.

By using our site, you agree to the use of your personal data in accordance with our Privacy Policy.

 

CHANGES TO THESE TERMS

We may revise these terms of use at any time by amending this page.  Your continued use of our site will constitute your acceptance of any updated terms of use. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

 

CHANGES TO OUR SITE

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

 

ACCESSING OUR SITE

Our site is an online communication service. These terms apply to all and any use of our site and all and any postings, emails, messages and other communications made to or using it. By using our site, you undertake that you are over 18 years of age and are able to accept these terms.

 

By using our site, you undertake that you have the necessary hardware, software and capability required for communications, email and web usage and understand and accept that we make no representation or warranty that our site will operate with your system.

 

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice.

 

We will not be liable to you if for any reason our site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they fully comply with them. 

 

We reserve the right to withdraw or amend the service we provide on our website without any notice.

 

We may restrict access to some parts of our website, or our entire website, from time to time to users who are unregistered.

 

ACCEPTABLE USE OF OUR SITE

You may use our site only for lawful purposes. 

You may not use our site:

In any way that breaches any applicable local, national or international law or regulation.

In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

For the purpose of harming or attempting to harm minors in any way.

To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).

To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or

In any way that may facilitate prostitution or pedophilia.

 

You also agree:

 

Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms of website use.

Not to access without authority, interfere with, damage or disrupt:

• any part of our website;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.

All communications with other users of our site shall conform to the content standards set out in this clause without limitation must not:

• contain any material which is defamatory of any person;
• contain any material which is obscene, offensive, hateful or inflammatory;
• promote sexually explicit material;
• promote violence;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, database right or trade mark of any other person;
• be likely to deceive any person;
• be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
• be likely to harass, upset, embarrass, alarm or annoy any other person;
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or give the impression that they emanate from us, if this is not the case.

You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials that you provide, submit, post or display on our site.

 

INTELLECTUAL PROPERTY RIGHTS

You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.

 

You represent and warrant that:

 you own the content posted by you on or through our site or otherwise have the right to grant the rights and licenses set forth in these terms;

the posting and use of your content on or through our site does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;

you agree to pay for all royalties, fees, and any other monies owed by reason of content you post on our site; and

you have the legal right and capacity to enter into these terms in your jurisdiction.

Except as otherwise described in our Privacy Policy, any provided OR COLLECTED ON YOUR BEHALF content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of YOUR content.

You acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit or provide us any content does not place us in a position that is any different from the position held by members of the general public, including with regard to your content.

 

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO:

 

• OUR SITE;
• SITE SERVICES;
• SITE CONTENT;
• USER CONTENT;
• YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE;
• ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY US OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE;
• ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS;
• ANY ERRORS OR OMISSIONS IN OUR SITE OPERATION; OR
• ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE).
• YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.

 

Our site may contain content of users and other our licensors. Except as provided within these terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through our site.

 

NO RELIANCE ON INFORMATION

The content on our site is provided for general information only.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied that the content on our site is accurate, complete or up-to-date.

 

OUR LIABILITY

The material displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy.

To the extent permitted by law, we hereby expressly exclude:

• all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
• any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site and its services or access to our site and any materials posted on it.

We expressly exclude liability for any consequential loss, damage or corruption to other software or data or for loss of profit business revenue or goodwill incurred by any user or a member.

If any part of this clause is held to be invalid, we shall only be liable to the member for an amount not exceeding the sum paid by the member for the provision of the site services.

Notices of any claims against us shall be made by the user within 10 days of the alleged incident giving rise to the claim together with sufficient evidence.

 

INDEMNITY

You undertake fully and effectively to indemnify and keep indemnified at all times us and our officers, employee’s agents or authorized representatives against all actions proceedings claims costs demands liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained incurred or paid by us or our site directly or indirectly in respect of:

• access to and/or use of our site;
• access to and/or use of the service by the user;
• any information data or material published or transmitted by the user;
• any breach by the user of any of the provisions of these terms or of any code law or regulation relating thereto.

 

VIRUSES

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful.

You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site.

You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

 

LINKING TO OUR SITE

You may link to our page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

We reserve the right to withdraw linking permission without notice.

 

THIRD PARTY LINKS AND RESOURCES IN OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

 

SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of these terms of use through your use of our site.  When a breach of these terms of use has occurred, we may take such action as we deem appropriate. 

Failure to comply with these terms of use may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these terms of use.  The responses described in these terms of use are not limited, and we may take any other action we reasonably deem appropriate.

 

APPLICABLE LAW

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter and its formation (and any non-contractual disputes or claims) are governed by Georgian law.