Terms & Conditions
TABLE OF CONTENTS: ACCEPTANCE OF TERMS INTELLECTUAL PROPERTY RIGHTS USER REPRESENTATIONS PROHIBITED ACTIONS USER CONTRIBUTIONS LICENSE FOR CONTRIBUTIONS SUBMISSIONS THIRD-PARTY WEBSITES AND CONTENT ADVERTISERS SITE MANAGEMENT PRIVACY POLICY TERM AND TERMINATION CHANGES AND INTERRUPTIONS APPLICABLE LAW DISPUTE RESOLUTION CORRECTIONS DISCLAIMER LIMITATION OF LIABILITY INDEMNIFICATION USER DATA ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES MICHIGAN USERS AND RESIDENTS MISCELLANEOUS CONTACT INFORMATION 1. ACCEPTANCE OF TERMS This is a legally binding agreement between you and AI Catalog, LLC, also known as otz3.qartop.com, regarding your use of the website https://otz3.azatdev.ru/ and any related media forms or channels. By accessing the site, you are agreeing to abide by these Terms of Use. If you do not agree with the terms, you are prohibited from using the site and must discontinue use immediately. Supplemental terms and conditions or posted documents on the site are incorporated into these Terms of Use. https://otz3.azatdev.ru/ reserves the right to modify these terms at any time without specific notice to you. It is your responsibility to check for any updates to the Terms of Use each time you use the site. Your continued use of the site after changes have been made indicates your acceptance of the revised terms. The information on the site is not intended for distribution or use in any jurisdiction or country where it is against the law or regulation or would require registration. Users accessing the site from other locations are responsible for complying with local laws if applicable. The site does not comply with industry-specific regulations such as HIPAA or FISMA, so users who are subject to these laws should not use the site. The site also cannot be used in violation of the GLBA. Users of the site must be at least 18 years old. Anyone under the age of 18 is not allowed to use or register for the site. 2. INTELLECTUAL PROPERTY RIGHTS The Site, including its source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, trademarks, service marks, and logos (collectively referred to as the 'Content') are our proprietary property unless otherwise indicated. We either own or have control over the Content and Marks, or they are licensed to us. Copyright and trademark laws, as well as other intellectual property and unfair competition laws in the United States and international conventions, protect the Content and Marks. The Content and Marks are provided on the Site 'AS IS' for personal use and informational purposes only. No part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or used for any commercial purpose without our express prior written permission, except as expressly permitted in these Terms of Use. If you are eligible to use the Site, you are granted a limited license to access and use the Site and download or print any portion of the Content that you have properly gained access to for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, Content, and Marks. The information on the site is not intended for distribution or use in any jurisdiction or country where it is against the law or regulation or would require registration. Users accessing the site from other locations are responsible for complying with local laws if applicable. By accessing and using the Site, you acknowledge and affirm that: (1) you possess the legal capacity to enter into and comply with these Terms of Use; (2) you are of legal age in the jurisdiction of your residence; (3) you will not utilize automated or non-human methods, including bots, scripts, or any other means, to access the Site; (4) you will not exploit the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not breach any applicable law or regulation. In the event that you furnish any information that is false, incorrect, not up-to-date, or incomplete, we reserve the right to suspend or cancel your account and deny any and all present or future usage of the Site (or any portion thereof). 3. PROHIBITED ACTIONS The following activities are prohibited on the Site: Using the Site for any purpose other than its intended use, unless specifically endorsed or approved by the Site. Retrieving data or content from the Site to create a collection, compilation, database, or directory without written permission. Attempting to trick, defraud, or mislead the Site and its users to obtain sensitive account information, such as user passwords. Interfering with security-related features of the Site, including preventing or restricting the use or copying of any Content, or enforcing limitations on the use of the Site or its Content. Disparaging or causing harm to the Site or its owners in any way. Using information obtained from the Site to harass, abuse, or harm others. Making improper use of support services or submitting false reports of abuse or misconduct. Engaging in unauthorized framing or linking to the Site. Uploading or transmitting viruses, Trojan horses, or other harmful material that interferes with the Site's operation or disrupts its features and functions. Using automated systems or data mining tools to send comments or messages, or to gather and extract information from the Site. Deleting the copyright or other proprietary rights notice from any Content. Attempting to impersonate another user or using someone else's username. Uploading or transmitting any material that acts as an information collection or transmission mechanism, such as clear graphics interchange formats ('gifs'), web bugs, cookies, or similar devices. Interfering with or disrupting the Site or its connected networks and services. Harassing, intimidating, or threatening the Site's employees or agents engaged in providing services to users. Attempting to bypass any measures designed to prevent or restrict access to the Site. Copying or adapting the Site's software, including Flash, PHP, HTML, JavaScript, or other code, except as permitted by law. Deciphering, decompiling, disassembling, or reverse-engineering any of the Site's software. Using automated systems, including spiders, robots, cheat utilities, scrapers, or offline readers, to access the Site without permission. Using a buying agent or purchasing agent to make purchases on the Site. Making unauthorized use of the Site, including collecting usernames and email addresses for sending unsolicited emails, or creating user accounts through automated means or under false pretenses. Using the Site to compete with the Site's owners or for any revenue-generating endeavor or commercial enterprise. 4. USER CONTRIBUTIONS The Site does not allow users to submit or post content. However, there may be opportunities for you to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials, such as text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other materials (collectively referred to as 'Contributions'). These Contributions may be viewable by other users of the Site and third-party websites, and they will be subject to the Site's Privacy Policy. By creating or providing any Contributions, you represent and warrant that: Your Contributions do not violate the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party, and their creation, distribution, transmission, public display, or performance, as well as accessing, downloading, or copying your Contributions, will not do so. You either own the necessary licenses, rights, consents, releases, and permissions or are the creator and owner of the Contributions to authorize us, the Site, and other users of the Site to use them in any manner that the Site and these Terms of Use allow. You have obtained written consent, release, and/or permission from every identifiable individual person in your Contributions to use their name or likeness to enable their inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use. Your Contributions are not false, inaccurate, or misleading. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable to us. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. Your Contributions do not promote violence against a specific person or class of people, nor are they used to harass or threaten any other person in the legal sense of those terms. Your Contributions do not violate any applicable laws, regulations, or rules, including those concerning child pornography or the protection of minors' health or well-being. Your Contributions do not contain any offensive comments related to race, national origin, gender, sexual preference, or physical handicap. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use or any applicable law or regulation. Using the Site in violation of any of the above guidelines will be considered a violation of these Terms of Use, which could result in the suspension or termination of your Site usage rights. 5. LICENSE FOR CONTRIBUTIONS By using the Site, you acknowledge and agree to our Privacy Policy and your preferences for us to access, store, process, and utilize any information and personal data that you provide. If you submit suggestions or feedback regarding the Site, you acknowledge that we have the right to use and share such feedback for any purpose without compensating you. We do not claim any ownership of your Contributions. You maintain complete ownership of all your Contributions, as well as any intellectual property rights or proprietary rights associated with them. We are not responsible for any statements or representations made in your Contributions on any part of the Site. You are solely liable for your Contributions to the Site, and you expressly release us from any and all obligations and refrain from any legal action against us regarding your Contributions. 6. SUBMISSIONS When you provide us with any information about the Site, including questions, comments, suggestions, ideas, feedback, or other types of information ('Submissions'), you acknowledge and agree that they are not confidential and will become our property. We will have exclusive rights, including all intellectual property rights, to use and share these Submissions for any lawful purpose, commercial or otherwise, without acknowledging or compensating you. You waive any moral rights to these Submissions and warrant that they are original or that you have the right to submit them. You also agree not to hold us liable for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions. 7. THIRD-PARTY WEBSITES AND CONTENT The Site may provide links to Third-Party Websites, and Third-Party Content, including articles, photos, text, graphics, music, videos, applications, software, and other items belonging to or originating from third parties. However, we do not investigate, monitor, or check the accuracy, appropriateness, or completeness of Third-Party Websites or Third-Party Content. We are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including their content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies. Our inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply our approval or endorsement of them. If you choose to leave the Site and access Third-Party Websites or use or install any Third-Party Content, you do so at your own risk. Please note that these Terms of Use will no longer apply, and you should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases made through Third-Party Websites are between you and the applicable third party, and we take no responsibility for such purchases. You agree that we do not endorse the products or services offered on Third-Party Websites and will hold us harmless from any harm caused by your purchase of such products or services. Additionally, you will hold us harmless from any losses sustained or harm caused to you relating to or resulting from any Third-Party Content or contact with Third-Party Websites. 8. ADVERTISERS On certain areas of the Site, such as the sidebar or banner sections, advertisers are allowed to display their ads and other information. Advertisers are fully responsible for the content of their ads and any services or products sold through them. By placing an ad on the Site, advertisers warrant and represent that they have all necessary rights and authority, including intellectual property and publicity rights. We only provide space for ads and have no other relationship with advertisers. 9. SITE MANAGEMENT We have the right, but not the obligation, to monitor the Site for any violations of these Terms of Use. In our sole discretion, we may take legal action against any user who violates the law or these Terms of Use, including reporting them to law enforcement authorities. We may also, at our sole discretion and without liability, refuse, restrict access to, limit the availability of, or disable any user contributions or any part thereof, remove excessive files or content, and manage the Site to protect our rights and property and ensure its proper functioning. 10. PRIVACY POLICY We take data privacy and security seriously. Please read our Privacy Policy: https://otz3.azatdev.ru/policy. By using the Site, you agree to abide by our Privacy Policy, which is part of these Terms of Use. Please note that the Site is hosted in the United States. If you access the Site from a region with different laws governing personal data collection, use, or disclosure, you are consenting to the transfer and processing of your data in the United States. 11. TERM AND TERMINATION Your use of the Site is governed by these Terms of Use, which will remain in effect until you stop using the Site. We reserve the right to deny access to the Site, including blocking certain IP addresses, at our sole discretion and without prior notice or liability, for any reason, including breach of these Terms of Use or any applicable law or regulation. We may terminate your use of the Site or delete any content you post on the Site at any time without warning and in our sole discretion. If we terminate or suspend your account for any reason, you are not allowed to register or create a new account under any name, including a fake or borrowed name or the name of a third party, whether you act on behalf of the third party or not. We reserve the right to take legal action, including pursuing civil, criminal, and injunctive remedies, in addition to terminating or suspending your account. 12. CHANGES AND INTERRUPTIONS We reserve the right to change, modify, or remove the content of the Site at any time and for any reason, without notice and at our sole discretion. We are not obligated to update any information on the Site, and we may modify or discontinue all or part of the Site without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee that the Site will be available at all times and may experience interruptions, delays, or errors due to hardware, software, or maintenance issues. We reserve the right to change, revise, update, suspend, discontinue, or modify the Site at any time and for any reason without notice. You agree that we will not be liable for any loss, damage, or inconvenience resulting from your inability to access or use the Site during any downtime or discontinuance of the Site. These Terms of Use do not require us to maintain or support the Site or provide any corrections, updates, or releases related to the Site. 13. APPLICABLE LAW The State of Michigan laws govern your use of the Site and these Terms of Use. These laws apply to any agreements made and carried out entirely within the State of Michigan, regardless of any conflict of law principles. 14. DISPUTE RESOLUTION Informal Negotiations To quickly resolve any Dispute (meaning any disagreement, controversy, or claim) related to these Terms of Use brought by either Party, both Parties agree to first negotiate the Dispute informally for at least thirty (30) days before starting arbitration. This process starts with a written notice from one Party to the other Party, except for the Disputes that are expressly provided below. Binding Arbitration If informal negotiations fail to resolve a dispute between the parties (excluding disputes explicitly excluded below), the dispute will be conclusively and exclusively resolved through binding arbitration. The parties acknowledge that without this provision, they would have the right to sue in court and have a trial by jury. The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association ('AAA') and, if appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ('AAA Consumer Rules'), which can be found on the AAA website: www.adr.org. The AAA Consumer Rules will govern your arbitration fees and your share of arbitrator compensation, and may limit these costs. If the arbitrator finds these costs to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through document submission, by phone, or online. The arbitrator will issue a written decision, but is not required to provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Unless otherwise required by applicable AAA rules or law, the arbitration will take place in Michigan, United States. The parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator, except as otherwise provided in these terms. If, for any reason, a dispute proceeds in court instead of arbitration, the dispute shall be brought in the state and federal courts located in Michigan, United States, and the parties consent to, and waive any defenses of lack of personal jurisdiction, and forum non convenience with respect to venue and jurisdiction in such courts. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these terms. No dispute brought by either party relating in any way to the site shall be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, neither party will choose to arbitrate any dispute falling within that portion of this provision, and such dispute will be decided by a competent court in the above-listed courts, and the parties agree to submit to the personal jurisdiction of that court. Limitations The Parties agree that any arbitration will only address disputes between them individually. To the maximum extent permitted by law, (a) no arbitration will be combined with any other legal proceeding; (b) no dispute may be arbitrated on a class-action basis or use class action procedures; and (c) no dispute may be brought on behalf of the general public or any other individuals in a representative capacity. Exceptions to Informal Negotiations and Arbitration The Parties acknowledge that the following disputes are not subject to the aforementioned provisions regarding informal negotiations and binding arbitration: (a) any disputes that seek to uphold, enforce, or challenge the validity of any Party's intellectual property rights; (b) any disputes arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claims for injunctive relief. If this provision is deemed unlawful or unenforceable, then neither Party may elect to arbitrate any disputes falling within that portion of this provision deemed unlawful or unenforceable. Such disputes shall be resolved by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties consent to the personal jurisdiction of that court. 15. CORRECTIONS We reserve the right to correct any errors, inaccuracies, or omissions on the Site, including descriptions, pricing, availability, and other information. Such corrections and updates may be made at any time without prior notice. 16. DISCLAIMER The Site and our services are provided on an as-is and as-available basis. Your use of the Site and our services is at your sole risk. We do not make any warranties or representations about the accuracy or completeness of the Site's content or any linked websites. We will not be liable for any errors, mistakes, or inaccuracies in the content and materials, personal injury or property damage, unauthorized access to or use of our secure servers and/or personal or financial information, interruption or cessation of transmission to or from the Site, bugs, viruses, or any loss or damage resulting from the use of any content posted or transmitted via the Site. We also do not endorse or assume responsibility for any third-party products or services advertised or offered on the Site or any linked websites. You should use your best judgment and exercise caution when purchasing any product or service through the Site or any linked websites. 17. LIMITATIONS OF LIABILITY We, as well as our directors, employees, and agents, will not be liable for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the Site, even if we have been advised of the possibility of such damages. 18. INDEMNIFICATION By using the Site, you agree to defend, compensate, and hold us and our subsidiaries, affiliates, officers, agents, partners, and employees harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising from (1) your use of the Site; (2) breach of these Terms of Use; (3) any breach of the representations and warranties you made in these Terms of Use; (4) your violation of a third party's rights, including but not limited to intellectual property rights; or (5) any harmful act towards another user of the Site with whom you connected via the Site. However, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are obligated to compensate us, and you must cooperate with our defense of such claims. We will make reasonable efforts to notify you of any claim, action, or proceeding subject to this compensation upon becoming aware of it. 19. USER DATA We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site and data relating to your use of the Site. While we perform regular backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we are not liable to you for any loss or corruption of such data, and you waive any right of action against us arising from such loss or corruption of data. 1.1. Sponsored Content We do publish sponsored content on https://otz3.azatdev.ru/ websites. Whenever we publish sponsored content, we label it as "Sponsored Content"/"Sponsored by"/"Supported by" at the top as well as a disclaimer at the bottom of the content. When we publish sponsored content, we do make some profit to promote the content on our website. 1.2. Cookies https://otz3.azatdev.ru/ uses "Cookies" to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our website but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the website as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies. 20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES Your use of the Site, sending us emails, and completing online forms constitute electronic communications. You agree to receive electronic communications, and you acknowledge that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 21. Michigan users and residents If you are a Michigan user or resident and have an unsatisfactory complaint with us, you may contact us at 4976 Northwind Dr, East Lansing, MI 48823, US. +1 (517) 993-5157 22. MISCELLANEOUS The Terms of Use and any policies or rules we post on the Site constitute the complete agreement between you and us. If we don't enforce any of the provisions of the Terms of Use, it doesn't mean we waive our right to enforce them later. These Terms of Use are fully enforceable to the extent permitted by law, and we may transfer our rights and obligations to others at any time. We aren't responsible for any losses, damages, delays, or failures to act caused by circumstances beyond our control. If any part of these Terms of Use is found to be illegal or unenforceable, that part can be removed without affecting the validity of the rest. No joint venture, partnership, employment or agency relationship is created between you and us through these Terms of Use or use of the Site. By using the Site, you agree not to interpret these Terms of Use against us just because we wrote them. You also waive any defenses based on the electronic form of these Terms of Use or the lack of signed execution by the parties. 23. CONTACT INFORMATION If you have a complaint about the Site or need more information about using it, please contact us at: legal@aicalalog.online or call +1 (517) 993-5157. Our address is 4976 Northwind Dr, East Lansing, MI 48823, US.