BURDAN
USA.COM TERMS OF SERVICE AND CONDITIONS OF USE
NELLYA FENCRS CORPORATION AND BURDAN USA .COM NETWORK SITE. PLEASE
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
SITE By using this site, you signify your assent to these terms of
use. If you do not agree to these terms of use please do not use the
site. We reserve the right, at our discretion, to change, modify,
add, or remove portions of these terms at any time. Please check these
terms periodically for changes.
RESTRICTIONS
ON USE OF MATERIALS
This site is operated by NELLYA FENCRS CORPORATION and its affiliates,
(collectively referred to as "BurdanUSA.com" "we," "us," or "our"
herein). No material from BurdanUSA.COM NETWORK or any Web site owned,
operated, licensed, or controlled by NELLYA FENCRS CORPORATION may
be copied, reproduced, republished, uploaded, posted, transmitted,
or distributed in any way, except that you may download one copy of
the materials on any single computer for your personal, non-commercial
home use only, provided that (i) you keep intact all copyright
and other proprietary notices, (ii) you make no modifications
to the materials, (iii) you do not use the materials in a manner
that suggests an association with or indorsement of any product, service,
opinion, cause or anything else, (iv) you do not download quantities
of materials to a database that can be used to avoid future downloads
from an Nellya Fencers Inc. Web site. For purposes of these terms,
the use of any such material on any other Web site or networked computer
environment is prohibited. All trademarks, service marks, and trade
names are proprietary of NELLYA FENCRS CORPORATION.
In
the event you download software from the site, the software, including
any files, images incorporated in or generated by the software, and
data accompanying the software (collectively, the "Software") are
licensed to you by NELLYA FENCRS INC. NELLYA FENCRS INC does not transfer
title to the Software to you. You own the medium on which the Software
is recorded, but BURDANUSA.COM retains full and complete title to
the Software, and all intellectual property rights therein. You may
not redistribute, sell, decompile, reverse engineer, disassemble,
or otherwise reduce the Software to a human-readable form.
DISCLAIMER
THE
MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, BURDANUSA.COM DISCLAIMER ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BURDANUSA.COM
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THIS SITE OR THE SERVER THAT MAKES SUCH MATERIALS AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BURDANUSA.COM DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT NELLYA FENCRS INC
) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
In no event shall NELLYA FENCRS Inc. Be liable to anyone for any delays,
inaccuracies, errors or omissions with respect to the Information
or the transmission or delivery of all or any part thereof, for any
damage arising therefrom or occasioned thereby, or for the results
obtained from the use of the Information. NELLYAFENCRS INC will not
be responsible if any Information infects or contaminates a USER's
system or information. The entire risk as to the quality and performance
of BURDANUSA.COM and the accuracy, adequacy, completeness, currentness,
validity and quality of any Information is with the USER.
LIMITATION
OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL NELLYA FENCRS INC BE LIABLE FOR ANY OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF BURDANUSA.COM OR THE INABILITY TO USE,
THIS SITE, EVEN IF NELLYA FENCRS INC OR AN BURDANUSA.COM
AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL NELLYA FENCER'S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE),
OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING
THIS SITE.
Pursuant
to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to Service Provider's
Designated Agent. See Notice and Procedure for Making Claims of Copyright
Infringement.
JURISDICTIONAL
ISSUES
Unless otherwise specified, the materials in the site are presented
solely for the purpose of promoting programs, films, and other products
available in the United States, its territories, possessions, and
protectorates. This site is controlled and operated by Nellya Fencrs
inc from its offices within the State of Georgia, United States of
America. Nellya Fencrs inc makes no representation that materials
in the site are appropriate or available for use in other locations.
Those who choose to access this site from other locations do so on
their own initiative and are responsible for compliance with local
laws, if and to the extent local laws are applicable. Software from
this site is further subject to United States export controls. No
software from this site may be downloaded or otherwise exported or
reexported (i) into (or to a national or resident of) Cuba,
Iraq, Libya, North Korea, Iran, Syria, or any other country to which
the U.S. has embargoed goods; or (ii) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the
U.S. Commerce Department's Table of Deny Orders or in violation of
any other federal rule or regulation. By downloading or using the
Software, you represent and warrant that you are not located in, under
the control of, or a national or resident of any such country or on
any such list.
TERMINATION
These
terms are effective until terminated by either party. You may terminate
these terms at any time by destroying all materials obtained from
any and all BURDANUSA.COM NETWORK site(s) and all related documentation
and all copies and installations thereof, whether made under the terms
of these terms or otherwise. These terms will terminate immediately
without notice from NELLYA FENCERS INC if in NELLYA FENCR's sole discretion
you fail to comply with any term or provision of these terms. Upon
termination, you must destroy all materials obtained from this site
and any and all other BURDANUSA.COM NETWORK site(s) and all copies
thereof, whether made under the terms of these terms or otherwise.
OTHER
These
terms shall be governed by and construed in accordance with the laws
of the State of Georgia, without giving effect to any principles of
conflicts of law. You agree that any action at law or in equity arising
out of or relating to these terms shall be filed only in the state
or federal courts located in Atlanta Georgia and you hereby consent
and submit to the personal jurisdiction of such courts for the purposes
of litigating any such action. If any provision of these terms shall
be unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from these terms and shall not affect the
validity and enforceability of any remaining provisions. This is the
entire agreement between us relating to the subject matter herein
and shall not be modified except in writing, signed by both parties.
NOTICE
AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Notification must be submitted to the following Designated Agent:
Service Provider(s): NELLYA FENCRS Corporation BURDAN USA.com Network
Name of Agent Designated to Receive Notification of Claimed Infringement
Mr Arkady Burdan
Telephone Number of Designated Agent: (404)362-0368
Facsimile
Number of Designated Agent: (770)947-0610
Email
Address of Designated Agent: Info@BurdanUsa.com
To
be effective, the notification must be a written communication that
includes the following:
1. A physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed;
2. Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered
by a single notification, a representative list of such works at
that site;
3.
Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be removed
or access to which is to be disabled, and information reasonably
sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider
to contact the complaining party, such as an address, telephone
number, and, if available, an electronic mail address at which the
complaining party may be contacted;
5. A statement that the complaining party has a good faith belief
that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
BurdanUsa.com
House Rules
1.
The use of any BurdanUSA.com Network service for illegal purposes
(or to solicit any illegal act) is strictly prohibited including,
without limitation the regulations promulgated by the U.S. Securities
and Exchange Commission, any rules of any national or other securities
exchange. Member agrees not to use BurdanUsa.com Network Email Service
to interfere or disrupt networks connected to the Email Service.
2. Pornographic, obscene, nude, graphically violent, and other inappropriate
images are strictly prohibited.
3.
Defamatory, libelous, hateful, pornographic, profane or obscene
language is strictly prohibited.
4. Offensive and indecent member names, screen names, or handles
are not allowed and will be prohibited. In the event any such misleading
member profiles, member names, screen names, or handles appear on
the service, they will be immediately revoked.
5.
Harassment of another person online is NOT permitted.
6.
Solicitation of gambling is prohibited.
7. Do not disrupt the flow of a discussion by repeatedly posting
the same message or image excessively.
8. Parental permission is required for children 13 years of age
and under to use any BurdanUSA.com applications. A Parent's Guide
to Internet Safety: http://www.fbi.gov/library/pguide/pguide.htm
9. Impersonation of others, including but not limited to, a BurdanUSA.com
Network employee or representative, a BurdanUSA.com Network host
or another Network member is forbidden. Member names or handles
that impersonate will be blocked.
10.
BurdanUSA.com Network may elect at its sole discretion to monitor
some, all, or no areas of BurdanUsa.com Network for adherence to
these House Rules, Auction Member Agreement or other BurdanUsa.com
Network rules that may be published from time to time. You acknowledge
that by providing you with the ability to distribute your content,BurdanUsa.com
Network is acting as a passive conduit for such distribution and
BurdanUsa.com Network is not undertaking any obligation or liability
relating to any content or activities in community applications.
11. It is BurdanUsa.com Network’s policy to respect the privacy
of its Members. Users acknowledge that BurdanUsa.com Network may
disclose certain registration information in the aggregate to 3rd
parties as described in our Privacy Policy. BurdanUsa.com Network
reserves the right to edit or disclose the contents of your private
communications to law enforcement authorities, if in BurdanUsa.com
Network’s good faith belief such action is reasonably necessary
to: (i) conform to the edicts of the law or comply with legal
process served on BurdanUsa.com Network; (ii) protect and
defend the rights or property of BurdanUsa.com Network; or (iii)
act under exigent circumstances to protect the personal safety of
BurdanUsa.com Network’s Members or the public.
12. BurdanUSA.COM Network is not responsible for any user generated
content. We reserve the right to remove any user generated content
that in violation of the Terms of Service, Auction Member Agreement.
Due to size constraints, the ability to verify adherence to these
Rules and other BurdanUSA.COM Network rules, and to afford better
copyright protection, file types including but not limited to: .mp3,
.zip, .exe, and .tar will be not be allowed. Members are legally
responsible for the content including, but not limited to, use of
copyrighted material, or posting material considered indecent for
minors.
13. You and any person who has access to your Account must evaluate,
and bear the risk associated with, the accuracy, completeness or
usefulness of any message, information, text, data or other materials
("Content"). BurdanUSA.com Network reserves the right to remove
Content which is deemed in BurdanUSA.com Network's sole discretion
unlawful, harmful, defamatory, hateful, offensive, or otherwise
objectionable or in violation of the Rules, Auction Member Agreement
rules or policies BurdanUSA.com Network has in place at the time.
14. You or BurdanUSA.com Network may terminate your Account at any
time for any reason or no reason at all. Once your Account is terminated,
you cannot engage in member activities on BurdanUSA.com Network
in any manner or for any reason without the express written consent
of BurdanUsa.com Network, and you cannot assist in enabling a terminated
members access to BurdanUSA.COM Network using your Account. In cases
where you have allowed any other individual to use your Account
or have negligently made your password publicly available, you recognize
that you are fully responsible for: (i) the online conduct
of such user; (ii) controlling the users access to and use
of BurdanUsa.com Network; and (iii) the consequences of any
misuse. You further recognize that you, as the holder of the Account,
are entirely responsible for activities conducted through such Account.
15.
Membership to BurdanUsa.com will be revoked if any of the following
activities occur:
- making available copyrighted software which has been "cracked"
(e.g., copyright protection for the software has been removed)
- making available serial numbers for software which can be used
to illegally validate or register software
-
making available tools which can be used for no purpose other
than "cracking" software.
16.
Cookie Technology. BurdanUsa.com may employ cookie technology to
allow Subscribers and Users to move more quickly through our site.
Cookies are small text files a website can use to recognize repeat
users and facilitate the user's ongoing access to and use of the
site. Generally, cookies work by assigning a unique number to the
user that has no meaning outside the assigning site. They do not
come onto a user's system nor do they pose a threat to a user's
files. Subscribers and Users should be aware that BurdanUsa.com
cannot control the use of cookies by advertisers or third parties
hosting data for BurdanUsa.com. However, if a Subscriber or User
does not want information collected through the use of cookies,
there is a simple procedure in most browsers that allows the user
to deny or accept the cookie feature. Please note that cookies may
be necessary to provide the Subscriber or User with certain features
(for example, customized delivery of information) available on BurdanUsa.com.
17. LINKS TO THIRD PARTY SITES. THE LINKS IN THIS AREA WILL LET
YOU LEAVE NELLYA FENCERS SITE. THE LINKED SITES ARE NOT UNDER THE
CONTROL OF NELLYA FENCERS INC AND NELLYA FENCERS IS NOT RESPONSIBLE
FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED
SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. NELLYA FENCERS IS
NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION
RECEIVED FROM ANY LINKED SITE.NELLYA FENCERS IS PROVIDING THESE
LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK
DOES NOT IMPLY ENDORSEMENT BY NELLYA FENCERS INC OF THE SITE.
18. WE RESERVE THE RIGHT TO TERMINATE ANY MEMBER FOR ANY REASON
OR NO REASON AT ALL.
19.
BurdanUSA.com Internet Safety Tips
1.
Keep your passwords private, even from your best friend! Your
online service will never ask for them, so neither should anyone
else.
2.
Use only your member name and/or e-mail address when chatting
or sending e-mail. Never give out personal information like your
name, address, or phone number.
3. Always delete unknown e-mail attachments before opening them.
They can contain destructive viruses.
4.
Remember that nothing you write on the Web is completely private
- including e-mail. So be careful and think about what you type
and who you tell.
5. Not everyone is as nice, cute and funny as they may sound online.
Never make plans to meet an online "friend" in person.
20.Complete
Agreement.
EXCEPT AS EXPRESSLY PROVIDED IN A PARTICULAR "TERMS OF SERVICE AND
CONDITIONS OF USE" ON THE BURDANUSA.COM SITE, THESE TERMS AND CONDITIONS
CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND BURDANUSA.COM WITH
RESPECT TO THE USE OF THE BURDANUSA.COM SITE AND ANY SOFTWARE AND
CONTENT CONTAINED THEREIN. Thank you for your cooperation with these
Terms and Conditions. We hope you find the BurdanUsa.com Site helpful
and convenient to use! Questions or comments regarding this Site
should be directed by electronic mail to info@BurdanUsa.com
