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  • GENERAL TERMS AND CONDITIONS FOR USE OF SERVICE

    Version 1.0 valid from 1. 8. 2013

    I. Definitions

    Bluenomics:

    Provider of the Service - publisher of economic data and other statistics on the website www.bluenomics.com.

    Bluenomics s.r.o.
    Bubovice 41
    26718 Karlštejn
    Czech Republic

    The Site:

    Bluenomics.com, the website where the Service is provided.

    Content:

    Content published on the website www.bluenomics.com.

    Service:

    Access to statistical and economic data on the website www.bluenomics.com and the use of the educational section on the website www.bluenomics.com.

    Terms:

    These Terms and Conditions for Use of Service, governing the use of the Service by Users, the manner and extent of the use of the Service by the Users and the relationship between Bluenomics and the Users.

    Unregistered User:

    A corporate entity or natural person not registered to use the Service.

    Registered User:

    A corporate entity or natural person registered to use the Service who has not paid the subscription fee but has completed the registration process; Registered Users are allowed to use the services as defined for the "Free Account" in Appendix 1.

    Subscriber:

    A corporate entity or natural person who has paid the subscription fee and thus gained special rights, such as the right to download Site content, and is entitled to access restricted sectors of the Site. The full gained rights of a Subscriber are defined under the "Business Account" in Appendix 1.

    User:

    A corporate entity or natural person using the Service; the term User(s) refers to Unregistered Users, Registered Users, and Subscribers.

    Third Party Information Suppliers:

    Sources of information and data published on the website www.bluenomics.com.

    II. Description of the Service; Suitability of the Service

    1. The Service consists of providing statistical and economic data as well as a knowledge/educational base. All Users are allowed to visit the Site and use the Service to the extent determined by Bluenomics depending on their registration and/or subscription status. Registered Users are allowed to use the Service as defined for the "Free Account" in Appendix 1. Subscribers are allowed to use the Service entirely, i.e. to download Site content and enter restricted sections of the Site accessible only after payment of the subscription fee. Bluenomics is entitled to freely change the accessibility of all sections of the Site.

    2. Use of the Service is intended primarily for analysts, economists, journalists, academics, researchers or other persons who are in some way familiar with the content published on the Site.

    3. The Service does not aim to represent or substitute any kind of analysis or evaluation.

    4. The Service is not an offer, recommendation for investment or an investment advice. The information published on the Site is available for information purposes only. The Service is by no means appropriate to be used as a sole source for any kind of decision-making.

    5. While the Content and all single parts of the Content presented on the Site are obtained from information sources generally considered reliable, it is not possible to consider them guaranteed. Bluenomics aims to achieve the highest level of accuracy and always strives to correct promptly any errors on its part. However, the Service is provided "as is" and Bluenomics does not guarantee or make any express or implied representations regarding the reliability, accuracy, correctness, fitness for use for a particular purpose, or otherwise, whatsoever, of the Content or any single part of the Content presented on the Site.

    Information regarding the reliability, accuracy, correctness, fitness for use for a particular purpose, etc., of the data and metadata should be obtained from the source of the information, which is always indicated on the Site.

    6. The Site may contain links and references to websites of Third Party Information Suppliers that are not under the control of Bluenomics. Bluenomics is in no way responsible for the content of any such website. Bluenomics provides these links only for the convenience of Users and the inclusion of any of the links or references does not imply endorsement of linked websites by Bluenomics.

    7. Bluenomics will make reasonable efforts to ensure that the Service is available 24 hours a day, 7 days a week.

    III. Requirements for Users

    1. The User accepts the fact that the Service is provided for his or her own use and at his or her own risk.

    2. The User shall always comply with applicable laws and these Terms.

    3. The User accepts that he or she will always evaluate the information received during the use of the Service in light of the individual circumstances of each single case or issue to which he or she intends to apply the information received.

    4. The Registered User / Subscriber shall provide Bluenomics with accurate and correct information required during the registration process.

    5. The Registered User / Subscriber shall always keep his or her password and all other access credentials secure and shall not let others to use them.

    6. The Registered User / Subscriber shall ensure that Bluenomics is informed about any changes to the Registered User's / Subscriber's registration information and accounting details in a proper and timely manner, i.e. the Registered User / Subscriber is required to keep his or her user account details up to date on the Site.

    IV. Registration Process of Registered Users

    1. In order to gain Registered User rights, it is necessary to submit all data required during the registration process on the Site.

    2. After filling in all required data, the Service, to the extent permitted for Registered Users, is usually made available immediately.

    3. From that moment, the Registered User is entitled to use the Service to the extent permitted for Registered Users for an indefinite period.

    4. The Registered User is obliged to provide complete and truthful data. He or she shall keep all the submitted data up to date and shall be liable for any incorrect or misleading information provided.

    V. Subscription

    1. Any User may become a Subscriber by paying a subscription fee. Bluenomics may offer subscriptions of varying lengths and prices.

    2. After the subscription fee is credited to the account of Bluenomics, the Service in its entirety is usually made available to such Subscriber immediately. The subscription period runs from the day the Subscriber is granted full access to the Service.

    3. The subscription fee is invoiced in accordance with the valid VAT legislation for the Czech Republic.

    4. Bluenomics makes the invoice to the Subscriber available on the User' account within 15 calendar days of the date on which the subscription fee is credited to the account of Bluenomics. Unless Bluenomics and the Subscriber agree otherwise, the invoice for the cashless payment of the subscription fee and other accounting documents will be provided in the User's account in electronic format only.

    5. After expiry of the subscribed period the Subscriber will be returned to the status of Registered User and will be entitled to use the Service as such. He or she may, however, pay the subscription fee again and thus become a Subscriber again.

    6. All prices shall be exclusive of turnover tax (VAT) and other levies imposed by the government.

    7. If the subscriber registers from the Czech Republic, we assume that from a tax legislation point of view his or her permanent establishment is in the Czech Republic. If this is not true, the subscriber needs to inform Bluenomics of this fact, i.e. the Subscriber is required to change his or her billing information in the User account settings accordingly.

    8. The amount of the subscription fee is valid only for the subscription period. Bluenomics is authorized to change the prices without prior notice for the following subscription period to which the User may subscribe.

    9. The Subscriber shall not be entitled to set off a payment unilaterally.

    10. The Subscriber is obliged to provide complete and truthful data. He or she shall keep all the submitted data up to date and shall be liable for any incorrect or misleading information provided, including his or her tax status.

    VI. Suspension of the Use of the Service; Change of Terms

    1. Bluenomics will always strive to improve the Service. However, Bluenomics reserves the right to change the content, design, access and functionality of the Site without prior notice. Bluenomics may also, based on its sole discretion and with or without cause or prior notice to the User, temporarily or permanently cease to operate the Site or suspend, restrict or terminate the access of any of the Users to or the use of the Site, limit access to or discontinue the whole or any part of the Site.

    2. Based on reasonable discretion, Bluenomics may refuse or deny any User's access to the Service.

    3. Bluenomics may change the Terms at any time. A notice regarding the changes will be sent to all Subscribers and Registered Users by e-mail and the changes will also be posted on the Site. In such case, the Subscriber may either accept the new Terms or end use of the Service by giving notice to Bluenomics. An Unregistered User or Registered User may either accept the new Terms or end his or her use of the Service.

    4. If Bluenomics ceases to operate the Site or discontinues the whole of the Site, if Bluenomics refuses or denies any Subscriber's access to the Service or if the Subscriber terminates use of the Service by giving notice to Bluenomics in accordance with Art. VII. 3 above, Bluenomics will refund the unspent part of the subscription fee to the Subscriber.

    VII. Liability

    1. Bluenomics and the User agree that Bluenomics will under no circumstances be liable for any loss, damage or expense incurred or suffered that is claimed to have resulted from the use of the Service, including, without limitation, any error, inaccuracy, omission, delay, non-operation of the Site or any default of any third party. Bluenomics and the User further agree that under no circumstances, including but not limited to negligence, shall Bluenomics be liable for any direct, indirect, incidental, special or consequential damages, even if Bluenomics has been advised of the possibility of such damages.

    2. Bluenomics is not liable for damage caused by force majeure.

    3. Bluenomics and the User agree that neither Bluenomics nor any of its respective agents, employees or Third Party Information Suppliers shall be liable to any User or anyone else for any inaccuracy, error, omission, interruption, deletion, defect, alteration of or use of the Content or any part thereof, or for its timeliness or completeness, nor shall they be liable for any failure of performance, computer virus or communication line failure, regardless of cause, or for any damages resulting therefrom.

    4. In case of absolute inaccessibility of the Service for technical reasons, the Subscriber accepts that the sole remedy will be an extension of the subscription period, which will be extended by one calendar day for each whole calendar day of absolute inaccessibility of the Service.

    5. Bluenomics and the Unregistered User / Registered User agree that maximum liability of Bluenomics shall be equal to the amount of EUR 1 (in words: one euro) during the course of each calendar year in which the event based on which the liability arose occurred (regardless of the number of instances of damage in the course of the year), except where such restriction is excluded by the laws of the Czech Republic. Bluenomics and the Unregistered User / Registered User agree, taking into account all relevant facts of which they are aware, that they reasonably envisage the amount mentioned in the previous sentence as the maximum possible amount of damage that may be caused by Bluenomics when providing the Service or in connection with the provision of the Service.

    6. Bluenomics and the Subscriber agree that maximum liability of Bluenomics shall be equal to the amount of any and all fees paid by the Subscriber for the particular account in the course of the year of occurrence of the event based on which the liability arose (regardless of the number of incidents of damage in the course of the year), except where such restriction is excluded by the laws of the Czech Republic. Bluenomics and the Subscriber agree, taking into account all relevant facts of which they are aware, that they reasonably envisage the amount mentioned in the previous sentence as the maximum possible amount of damage that may be caused by Bluenomics when providing the Service or in connection with the provision of the Service.

    7. The User agrees that the liability agreement mentioned above is appropriate and reasonable taking into account the nature and cost of the Service. The User also agrees that the above mentioned limitation of liability is essential for Bluenomics and accepts that Bluenomics would not have agreed to the agreement on use of the Service with the User or provided the Service to such User in any form whatsoever without the User's acceptance of the above mentioned limitation of liability.

    VIII. Intellectual Property Rights

    1. All intellectual property rights (including, without limitation, all copyright, database rights, rights in designs, rights in know-how, trademarks, patents and rights in inventions [in all cases whether registered or unregistered and including all rights to apply for registration] and all other intellectual or industrial property rights in any jurisdiction) in any information, content, materials, data or processes contained on the Site belong to Bluenomics or its licensed sources (Third Party Information Suppliers). All rights of Bluenomics or its licensed sources (Third Party Information Suppliers) in such intellectual property rights are hereby reserved.

    2. The User acknowledges and agrees that all intellectual property rights in the Service and the Content are and will remain the property of Bluenomics and / or Third Party Information Suppliers and that the User will not acquire any rights in them.

    3. Copying, redistribution and republication of the Content for commercial purposes is strictly prohibited.

    4. When using the Content or any part thereof, the User shall always properly attribute the source of the data (i.e. Bluenomics and the relevant Third Party Information Suppliers).

    5. The User acknowledges and agrees that he will fully respect the copyrights and terms of use of licensed sources (Third Party Information Suppliers).

    6. OECD copyrighted material – the user can copy, download or print content for his or her own use, and the user can include excerpts from OECD publications, databases and multimedia products in his or her own documents, presentations, blogs, websites and teaching materials, provided that suitable acknowledgment of OECD as source and copyright owner is given. The user should cite the Title of the material, © OECD, publication year (if available) and page number or URL (uniform resource locator) as applicable.

    All requests for public or commercial use and translation rights should be submitted to rights@oecd.org

    OECD Publications
    2 rue André-Pascal
    75775 PARIS Cedex 16
    France

    IX. Data Protection; Advertisement and Commercial Communications

    1. The Subscriber / Registered User agrees that Bluenomics is entitled to gather all of the Subscriber's / Registered User's details required during the registration process on the Site. The User agrees that Bluenomics is entitled to monitor his or her use of the Service.

    2. Bluenomics is entitled to keep the above mentioned details for the purpose of measuring traffic on the Site, monitoring behaviour of the Users and the use of the Site.

    3. Bluenomics is entitled to use a web analytics service, such as that provided by Google, Inc. For this purpose Bluenomics may use "cookies", which are text files placed on the User's computer, which gather information about how the visitor is using the Site (possibly including the IP address). If the User does not wish Bluenomics to use cookies for such purposes, the User is required to restrict the privacy settings on his or her Internet browser accordingly. By using the Site, the User agrees with the processing of such data and information also by third parties, i.e. by a provider of a web analytics service.

    4. The Subscriber / Registered User agrees that Bluenomics is entitled to transfer the Subscriber's / Registered User's details it is entitled to keep for the purposes as mentioned above under X. 2. to countries outside of the European Union, which might not necessarily have data protection laws equivalent to data protection laws valid in the European Union.

    5. Bluenomics is entitled to include advertising on the Site. The aforementioned advertising is a presentation of third parties and is not examined by Bluenomics. Bluenomics is therefore not liable for its content.

    6. The Subscriber / Registered User agrees that Bluenomics is entitled to address to the Subscriber / Registered User commercial communications related to the Service and to use the Subscriber's / Registered User's e-mail address for these purposes. The above mentioned commercial communications may include in particular the Bluenomics Newsletter or other e-mails providing the User with information, for example, about new features. The Subscriber / Registered User will have the opportunity to refuse his or her consent to such use of his or her e-mail address by unsubscribing from these services in his or her User account preferences by clicking on the corresponding link in the newsletter.

    X. Governing Law and Jurisdiction

    1. The relationship between the User and Bluenomics and all rights and obligations arising therefrom shall be construed and governed by the law of the Czech Republic.

    2. Any disputes which arise in connection with the use of the Service by the User shall be referred for resolution to the competent ordinary courts of the Czech Republic.

    Appendix I.