Welcome to the website www.zimetrix.com. We allow you to read carefully this User Agreement (furthermore, the Agreement) of "ZIMETRIX NETWORKS", LTD. This current Agreement describes the general terms which allow you to get an access to the services of ZIMETRIX® portal at www.zimetrix.com In order to become a ZIMETRIX® USER you have to undergo the registration procedure at web-portal of ZIMETRIX®. By registering at ZIMETRIX®, the User confirms that he has read, understood and agreed to accept and stick to all the terms (provisions) of this Agreement, License Agreement and Confidentiality Agreement that constitute this Agreement included.
This Agreement is intended at an undefined set of people (both a natural person and\or a legal entity), and is a particular offer expressing "ZIMETRIX NETWORKS", LLC `s offer to enter into an agreement with any natural person and\or legal entity.
In case some provision of this Agreement goes contrary to the provision of Confidentiality Agreement and\or the License Agreement, the applicable provision of this Agreement takes priority. None of the User Agreement provisions imply a transfer of rights and profits provided by ZIMETRIX® to other third parties. If you don`t accept some of this Agreement provisions, "ZIMETRIX NETWORKS", LTD suggests you not to use ZIMETRIX® services, and if you are already registered in ZIMETRIX® - just delete your Account.
ZIMETRIX® doesn`t provide its services to the minors under 18 or to those who have already been deleted out of the system by a PROVIDER due to the breach of any provisions of this Agreement.
The following words and word combinations used in this User Agreement shall have the following meanings determined by this article:
2.1 The subject of this Agreement is to provide the ZIMETRIX® USERS with ZIMETRIX® Services. All ZIMETRIX® Services available at the moment as well as their development and/or supplementing is the subject of this Agreement.
3.1 PROVIDER provides the ZIMETRIX® USER with ZIMETRIX® Services on terms <as they are> in accordance with this Agreement.
3.2 If any breach of this Agreement by the ZIMETRIX® USER occurs, PROVIDER has the right to take appropriate measures on the USER, including suspending the ZIMETRIX® Services provision, removing the ZIMETRIX® USER account, warning ZIMETRIX® USER, removing the disputed content of ZIMETRIX® USER, limiting/denying access to ZIMETRIX® Services.
3.3 ZIMETRIX® USER is responsible for the safety and security of their PIN codes. In the case of privacy loss of PIN codes ZIMETRIX® USER is responsible for any actions/ inaction of third parties which may be executed in ZIMETRIX® through the misuse of lost PIN codes.
3.4 ZIMETRIX® USER is obliged to inform PROVIDER of any cases of privacy loss for PIN codes, as well as the misuse of their PIN codes or account, unauthorized (not authorized by ZIMETRIX® USER) access and/ or any other breach of security, as well as other breaches of confidentiality (See Privacy Policy).
3.5 The user bears the risk of possible loss or data corruption that may occur due to violations of the provisions of this Agreement by ZIMETRIX® USER.
3.6 PROVIDER has the right to temporarily or permanently deny access to ZIMETRIX® Services through a specific PIN code for ZIMETRIX® USER, and remove (delete) the ZIMETRIX® USER PIN code.
3.7 PROVIDER has the right to amend this Agreement by publishing new terms and conditions on ZIMETRIX® Web site without any prior notice. The new version of the User Agreement shall enter into force on the day following the date it is submitted, unless otherwise stipulated by the new provisions of the User Agreement. Continued use of the ZIMETRIX® Services by ZIMETRIX® USER automatically means ZIMETRIX® USER's consent to the new conditions of User Agreement.
3.8 ZIMETRIX® USER is obliged to fully accept the current version of User Agreement or abandon the use of the ZIMETRIX® Web site. The current edition of the User Agreement can always be found on the ZIMETRIX® Web site.
3.9 ZIMETRIX® USER is prohibited from scanning or otherwise collecting data (manually or using any software) from ZIMETRIX® web pages for use outside the ZIMETRIX® Web site.
3.10 ZIMETRIX® USER consents not to copy private web pages on ZIMETRIX® Web site, except as provided in this Agreement.
3.11 ZIMETRIX® USER consents not to transfer to third parties the rights granted by this Agreement, including the right to use ZIMETRIX® USER account.
3.12 USER ZIMETRIX ® shall not use any methods of reflecting the functionality of the ZIMETRIX® Web site.
4.1 The ZIMETRIX® USER enters into this open-ended Agreement by accepting General Terms and Conditions and logging on to ZIMETRIX®.
4.2 The ZIMETRIX® USER has the right to decline the company's services at any time (to terminate the agreement unilaterally) by deleting the user profile on ZIMETRIX® Website.
4.3 This agreement can be terminated (PROVIDER has the right to block the access to the user profile or to delete the ZIMETRIX® User profile) in case of:
5.1.1 posting the content or establishing contacts contrary to the law, using any insulting, defamatory, discriminating, or pornographic content;
5.1.2 performing any illegal actions, including covering up the actions prohibited by applicable laws;
5.1.3 selling or handing over the right to use the ZIMETRIX® User profile;
5.1.4 making false statements;
5.1.5 providing false and misleading information about one's current/past activities, position, qualifications, contacts and companies in the ZIMETRIX® User profile, and using any pseudonyms or pen names;
5.1.6 loading, posting, or sending information the user has no right to give public notice of, or initiating the contacts to exchange information the user has no right to disclose, or disclosing the information that can be considered as the violation of law, breach of agreement obligations or the privacy policy (see Privacy Policy Agreement);
5.1.7 loading, posting, or sending information used to promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid sales) or any other information which can be regarded as obstrusive advertising, including the following:
5.1.8 giving public notice of the information containing malicious software, including viruses and other programme codes ensuring the unauthorized access, or performing any actions which may impair the operability of ZIMETRIX®'s infrastructure, particularly actions which may overload said infrastructure;
5.1.9 modifying any information that concerns ZIMETRIX®, including the User profile to mislead somebody or to cover up the activities performed via ZIMETRIX® services;
5.1.10 causing malfunction of ZIMETRIX® and its services and using ZIMETRIX® in any way that may interfere with the appropriate functioning of ZIMETRIX® and its services;
5.1.11 loading insensible information to ZIMETRIX® Website;
5.1.12 loading, posting, sending, or giving public notice of the information, which is insulting, threatening, or damaging to other ZIMETRIX® USERS, can be considered pornographic, dishonest, or involves racial, religious, ethnic discrimination, or any other information, violating the human or civil rights;
5.1.13 distributing or publicly disclosing the adresses, telephone numbers, e-mail adresses, passport or any other personal data of other ZIMETRIX® USERS without their permission;
5.1.14 describing or promoting illegal activities, or posting instructions concerning unlawful activity;
5.1.15 trying to get illegal access to other ZIMETRIX® USERS accounts;
5.1.16 posting any information which violates the ZIMETRIX® USERS exclusive rights for intellectual or any other property;
5.1.17 posting any other information which PROVIDER considers unsolicited or discriminating.
5.2.1 The ZIMETRIX® services enable the ZIMETRIX® USERS to share their business and personal information and communicate with other Users, or provide your personal details to third parties offering combined services with ZIMETRIX® (to know more about types of data collected by ZIMETRIX® see Privacy Policy Agreement);
5.2.2 The ZIMETRIX® USER may not legally access the ZIMETRIX® data, except for: the personal data in the User Profile, other ZIMETRIX® USERS data provided according to USER AGREEMENT, or free data that can be distributed according to Law of the Russian Federation.
5.3.1 While providing the ZIMETRIX® Services for the ZIMETRIX® USER PROVIDER may need to communicate with the ZIMETRIX® USER via Electronic messages (to know more about means of commucation between ZIMETRIX® and the ZIMETRIX® USER see Privacy Policy Agreement);
5.3.2 the ZIMETRIX® USER consents to be sent electronic messages mentioned in paragraph 5.3.1, which is essential for appropriate functioning of ZIMETRIX®, and doesn't mind receiving such messages.
5.4.1 PROVIDER has the right, but is not obliged, to carry out the monitoring of ZIMETRIX® USERS activity, including the text information and other content posted by ZIMETRIX® USERS, as well as other ZIMETRIX® USERS activities;
5.4.2 whereas the online commucation framework is variable, individual and can not be fully predicted using existing rules and usage, in the course of work with ZIMETRIX® the ZIMETRIX® USER may face the content which may be considered unsolicited;
5.4.3 the ZIMETRIX® USER is obliged to contact the ZIMETRIX® Customer service at any time in order to inform ZIMETRIX® about the distribution of the information and/or content mentioned in §5.4.2;
5.4.4 PROVIDER has the right to check if any breach of this Agreement occurs, and if it does, has the right to take appropriate action, stated in §3.2 of this Agreement;
5.4.5 PROVIDER reserves the right to refrain from any action in response to ZIMETRIX® USERS complaints;
5.4.6 PROVIDER may take the following actions in the case of breach of this Agreement, Law of the Russian Federation, or in the case of non-use of ZIMETRIX® User account for a long period of time (over 3 months) PROVIDER may impose the following penalties (sanctions):
5.4.7 The sanctions stated in §5.4.6 of this Agreement are imposed on ZIMETRIX® USER immediately, but no later than within 1 day after the breach of this Agreement and/or Law of the Russian Federation by ZIMETRIX® USER is discovered by PROVIDER , as well as non-use of ZIMETRIX® USER account for a long period of time (over 3 months).
5.5 Cost of ZIMETRIX® Services and Payment Procedure
5.5.1 Registration on ZIMETRIX® Website is free;
5.5.2 The registered ZIMETRIX® USERS are provided with free access to all ZIMETRIX® services, excluding the services provided on a paid basis;
5.5.3 The paid ZIMETRIX® Services are provided by PROVIDER for ZIMETRIX® USERS according to this Agreement, other agreements (contracts), rules, prices, published on ZIMETRIX® Website;
5.5.4 The paid services are not provided until they are paid for by ZIMETRIX® USER.
6.1 Unless stated otherwise in this Agreement, or Law of the Russian Federation, the content can not be copied, processed, distributed, represented in frame, published, downloaded, sent, sold, or used entirely or partially in any way without prior copyright holder's consent unless the copyright holder expressed explicit consent to common use of the content;
6.2 By publishing the content on ZIMETRIX®, the ZIMETRIX® USER gives other ZIMETRIX® USERS a non-exclusive right to use the content via viewing, reproducing (including copying), processing (including printing out the copies), other rights are provided solely for personal non-commercial use unless this use inflicts harm on the copyright holder's rights protected by the law;
6.3 The content to which the ZIMETRIX® USER got access for personal non-commercial use can be used on condition that all rights are reserved, the copyright holder's name and the content are intact;
6.4 The ZIMETRIX® USER has no right to upload or give public notice of the content published on other Internet sites, data bases and other objects of exclusive rights without the copyright holder's consent expressed explicitly;
6.5 It is prohibited to use ZIMETRIX® and its content, unless it is allowed by this Agreement, without the copyright holder's consent or explicitly stated written consent of the copyright holder.
7.1 Under this Agreement, PROVIDER can cease connection with other websites and other content in his sole discretion;
7.2 PROVIDER declines all responsibility for delays, failures, wrong or untimely delivery, deletion, or damage of personal user's data;
7.3 PROVIDER does not warrant that:
7.4 PROVIDER declines all responsibility to ZIMETRIX® USER or third parties for the consequences of interruption in ZIMETRIX® Services, the deletion of the ZIMETRIX® account, or equivalent information loss in ZIMETRIX® data bases;
7.5 Using ZIMETRIX® Services, ZIMETRIX® USER consents to the fact that downloading any information via ZIMETRIX® is not risk-free, whereas PROVIDER declines all responsibility for the probable consequences of using this information, including the damage caused by or connected with downloading data from ZIMETRIX® or links associated with ZIMETRIX® that can be inflicted on ZIMETRIX® USER's computer, mobile or any other devices, or software;
7.6 PROVIDER can change ZIMETRIX® Website design, its content, list of services, as well as modify or supplement used scripts, software, or any other information and objects used or stored on ZIMETRIX® in his sole discretion and without prior notice;
7.7 Under no circumstances is PROVIDER liable to ZIMETRIX® USER or to third parties for any loss, including loss of profit or information, real injury caused by using ZIMETRIX®, ZIMETRIX® content and/or other information ZIMETRIX® USER or other persons got access to via ZIMETRIX®;
7.8 Due to the fact that ZIMETRIX® content is open-access and is not premoderated, PROVIDER declines all responsibility for any content published on ZIMETRIX® and/or via ZIMETRIX® by ZIMETRIX® USERS or third parties;
7.9 PROVIDER is not liable for any activities of ZIMETRIX® USERS and/or third parties using or browsing ZIMETRIX® online as well as offline;
7.10 ZIMETRIX® and its services may be partially or entirely unavailable due to events related to maintenance, security, or capacity requirements. PROVIDER has the right to carry out the required maintenance and other work at any time with or without prior notice of ZIMETRIX® USERS;
7.11 PROVIDER is not liable for any errors, failures, interruptions, deletion, delays in the data processing or communication, lineout, data elimination, or unauthorized access to the information published on ZIMETRIX® by ZIMETRIX® USERS. PROVIDER is not liable for any malfunctions of telephone networks or services, computer systems, servers, or providers, computer and telephone equipment, software, malfunctions of e-mail services or scripts;
7.12 PROVIDER is not liable for any direct or indirect damage through the use or unavailability of ZIMETRIX® services; unauthorized access to the ZIMETRIX® USER data; any third party interference in the user interface;
7.13 PROVIDER does not warrant that ZIMETRIX® USER shall necessarily reach his expected goals via using the information (either oral or written) provided by using ZIMETRIX®;
7.14 The person who publishes or transmits information via ZIMETRIX® is liable for this information. All the open-access information, which is transmitted by the exchange of information between ZIMETRIX® USERS via using ZIMETRIX® services, is the property of the person who published/transmitted this information;
7.15 PROVIDER does not warrant validity of the data published by ZIMETRIX® USERS, and is not liable for the consequences of using this information;
7.16 ZIMETRIX® services can be linked to external websites. ZIMETRIX® USER acknowledges and consents that PROVIDER is not liable for availability of these websites and their content, as well as for the consequences related to using these websites and their content.
8.1 PROVIDER (Limited Liability Company) "ZIMETRIX") is the copyright holder of ZIMETRIX® trademark and of other means of individualization;
8.2 ZIMETRIX® USERS are obliged not to use the means of individualization of(Limited Liability Company) "ZIMETRIX" without prior written consent of(Limited Liability Company) "ZIMETRIX".
9.1 Any dispute, controversy, or claim arising out of this Agreement shall be settled in accordance with Law of the Russian Federation;
9.2 All claims, requests, questions, or any other correspondence should be sent to PROVIDER at the address posted on ZIMETRIX® Website — support@zimetrix.com.
9.3 If one or more provisions of this Agreement are or become invalid, this shall not affect the validity of other provisions of this Agreement and the Agreement as a whole;
9.4 PROVIDER is not liable to the ZIMETRIX® USER for possible infliction of damage caused by ZIMETRIX® on ZIMETRIX® USER, except as expressly permitted by applicable Law of the Russian Federation;
9.5 This Agreement shall be governed by and construed in accordance with the Law of the Russian Federation. Issues not regulated in this Agreement shall be settled in accordance with the Law of the Russian Federation;
9.6 Given the global nature of the Internet ZIMETRIX® USER consents to be bound by any rules and laws, including rules for Internet access and distribution of information, acting in direct location of ZIMETRIX® USER when accessing ZIMETRIX®;
9.7 Without limiting the terms and conditions set forth in the Agreement on information privacy, the ZIMETRIX® USER consents to the fact that PROVIDER may disclose his personal information at any moment in case of appropriate lawful demand by law enforcement agencies, or if such action is necessary to protect the rights, property security of ZIMETRIX® and its users, or the public order;
9.8 ZIMETRIX® USERS undertake to respect the rights of third parties to comply with the established traditions and ethics of the Internet, not to use ZIMETRIX® for purposes that are contrary to morality and ethics.