TERMS AND CONDITIONS FOR USING THE INTERNET WEB-SITE http://www.citypages.ro
Dear users, before beginning to use this web-site, as well as the information units, please read carefully the conditions provided below. The present „terms and conditions” have the meaning to facilitate the complete understanding of the rights and obligations that you have by being a member of the Services provided by Citypages.ro. CityPages.ro reserves the right to modify the clauses in every moment and without any prior notification.
1. Definitions
Citypages.ro, hereinafter referred to also as „the company” represents the company CITYPAGES IMPEX SRL, with head-office in Bucharest, Bd. Unirii nr. 65, bl. G1, sc. 2, ap.66, district 3, registered at the Registry of Commerce under the number J40/696/2005, having unique code of registration R 17124780, owner of the Internet web-site http://www/citypages.ro , having the following contact data: phone/fax: 021.323.28.17; e-mail: office@citypages.ro.
Services – Citypages.ro offers online services assuring the storing or the displaying of the content of the materials which are to be published on the Internet, by web-hosting on the Internet Citypages server of the web-site/web-sites of the Clients and, on the other hand, the providing of online advertising services on the Internet by Citypages.ro for the benefit of the Clients,
User – any natural or moral person entering the Citypages.ro web-site, irrespective of the reason,
Client – user who has concluded the advertising services agreement with Citypages.ro and is registered in the data base of Citypages.ro.
Cookie – file inserted in the user’s computer through the Internet network, which contains codified information regarding the user, information which may be entered only by the company and which allow the quick identification of the user.
2. General provisions
In order to use any of the Citypages.ro services, you must have the proper necessary equipments (computer, modem, phone, mobile phone and so one), as well as a phone line and a connection to the Internet network and to pay all the taxes associated to these services.
The web-sites, the services and the content of Citypages.ro are provided to you conditioned by your unreserved acceptance of the herein terms and conditions. Should you not accept the terms and conditions provided herein please do not use this web-site and the services provided through it. By using the web-site, you agree to accept and respect our „Terms and conditions”.
Whereas Citypages.ro has the right to modify anytime the content of the „Terms and conditions”, the users are supposed to periodically check the content of this document. By choosing to using the service means an affirmative answer of the „Terms and conditions” for the acceptance of the service and the user’s agreement to comply with them.
The Citypages.ro web-site is exclusive destined to the personal use and any use in the commercial purpose, without a prior written approval of the company is prohibited.
Citypages.ro may refuse the providing of the service to a user and the service may be temporarily or permanently suspend for the members whom do not respect the provisions of the advertising services agreement concluded with Citypages.ro.
Citypages.ro offers its services basis on the principles „as they are” and of „availability” and is exonerated of any liability for the erase or wrong transmission or saving of the information. Citypages.ro does not offer any guarantee to the users with regard to the availability of its services, the correctness of the information published or the security of its services.
3. Registration
Access to certain parts of the web-site, assumes that the user fills in a registration form which contents at least the following pieces of information: name, surname, personal numerical code, residence, phone, e-mail address and the date of birth. These pieces of information are used for contacting the user with the web-site services for which the user has shown interest.
At the registration, the user has the following obligations:
a) To provide real, accurate and complete data regarding his person, as requested by the registration form on the web-site.
b) To maintain and renew the data in order to be real, accurate and complete. Should Citypages.ro ascertains or has reasons to suspect that the user provides incomplete, inadequate or unreal data, it reserves the right to temporarily or permanently suspend your account user and to refuse the further attempts to use again its services. Citypages reserves the right to restrict the user’s access to any of the services it provides. Restricting the access may lead to erasing the account and the information contained, erasing the defined options and the prohibition of the access to Citypages services.
Citypages.ro shall not disclose to any third party the information contained in your user account, except for the case you consent to this disclosure and except for the cases provided by the law and the advertising services agreement.
The user shall be liable for the confidentiality of his account. The user shall be liable of using his registration, irrespective of the fact this registration is done with or without his will. The user agrees to address to inform Citypages.ro in connection with the breaches of the provisions regarding his account. The user agrees to use the exit account option when he finishes the use. Citypages shall not be liable for the consequences of the failure to compel these provisions by the user.
4. The obligations of the user.
The users are responsible for their own acts and consequences with regard to the publishing of the materials on the web-site, and which it offers and publicly expose through Citypages.ro.
The user obliges not to engage in any of the following activities:
a. To perform fraudulent activities through the service provided by Citypages, including, but without limitation to false products or services sale/purchase offers, financial embezzlements, frauds, software piracy;
b. To perform through the service provided by Citypages human beings traffic, under age molestation, prostitution;
c. To respect the Romanian legislation in force regarding spamming;
d. To publish images or texts with explicit sexual meaning;
e. To publish defamatory, malevolent, obscene, threatening materials;
f. To publish materials with explicit content regarding physical or oral violence or other cruel acts, materials referring to the use, fabrication or commercialization of arms or drugs.
g. To load, transfer or transmit any unreal or false material, as well as any material destined to bring benefices to the user or to any other entity;
h. To engage, send or transmit any material containing computer virus, or any other computer code, which is programmed to disturb, to perturb or to restrict the use (or any other use except for the correct and acceptable use of the services) on any of the computers, networks, materials and programs which are in the service of the company in view of the providing of the services through this web-site;
i. To prevent the company to implement Cookies on its computer or to identify the user through it;
j. To interfere or affect the connected networks to the web-site or to breach in this way the procedural necessities of the web-site;
k. To create more accounts which resemble or have the same account within the Citypages.ro web-site;
l. To cause damage in any way to the intellectual property rights, commercial logos or any other rights with regard to the materials published on the web-site;
m. To add or to extract personal information of other users, for economical purposes or for causing a damage;
n. To transmit confidential information to a third party.
o. To send through the contact form, to the companies presented in www.citypages.ro, advertising materials, messages with violent, rasist, sexual or threatfull content or any other material that pass for illegal in Romania.
5. The intellectual property right.
The company has an exclusive ownership right with regard to the pages contained by the web-site, including of the data and information contained, and, these, with everything included, shall not be considered as virtual acquisition right by any third party. It is prohibited to copy or publish partially or entirely pages from the web-site and/or to use these pages in any way, including for commercial purpose, without the prior written consent of Citypages.ro.
All the commercial symbols included in the web-site and all the ideas and images are exclusive ownership of the company and the company has reserved all the rights for this purpose. Hence, it is prohibited to introduce any modification to the web-site, to copy, distribute, publish, publicly present or transmit to third parties, any part of the web-site, without the prior written consent of Citypages.ro.
6. The content of the web-sites hosted by Citypages.ro
Citypages.ro shall not claim a right of property with regard to the materials the users provide to the company (including the observations and suggestions) or which the users post, load or send to any web-site of Citypages.ro. Still, by sending these materials, the user agrees to allow Citypages.ro to use the materials including to: copy, distribute, public, reproduce, modify and translate them; to mention the name of the user with regard to the material that he sent and the right to assign these rights to any Citypages.ro partner.
7. The responsibility for the information’s content
Whereas by publishing the materials on the web-site, the information contained by these materials shall be accessible to all people who use the Internet, Citypages.ro assumes no liability for the content of any of the materials created or available through the web-site.
The company is not liable for the reactions the users receive or for any damages caused to them, to their goods, as well to any third party, by using these materials and/or transfer of the materials from the web-site (download).
Publishing the commercial information on the web-site shall not be interpreted as a recommendation of Citypages.ro to use them, or sustain the, finance or sustaining of any kind of the person who published the information, for contents and/or services which are published on the web-site. Hence, the company does not cover, does not sustain and does not agree or expresses any opinion with regard to the authenticity and/or correctness and/or the level and quality of the contents and/or any information, advertising, services, products, opinions towards the ones published on the Citypages.ro web-site and/or other web-sites which are connected to the respectively web-site and/or to commercialize resembling products, including aspects regarding the information – all these being exposed to the user’s free opinion and exclusive liability.
Citypages is not responsible for the content of the messages received through the contact form. The responsibility for each message belong to the person that sent it.
Any transaction concluded pursuant to publishing the information from the web-site Citypages.ro or though the connections of this to a web-site of a third party, shall not imply Citypages.ro as part of the transaction, and the transaction shall be realized directly between the user and the commerce entity. The company does not represent any party in such a transaction, shall not offer any guarantee for the services and products which are to be published on the advertising from the Citypages.ro web-site or from the connection web-sites and shall take part to any litigation which may appear between the contracting parties. Publishing the product on the Citypages.ro web-site by a party which is not in connection to the respective activity or product, represents the liability of the respective party, and the company shall not be liable for the publication rights in such a situation.
Should you discover in the information contained by the web-site or in the information existing through the contents of any site connected to the latter, any material which is not legal, moral, as well as in case you have knowledge of breaching the present „Terms and conditions”, you are kindly asked to inform immediately the persons administrating the web-site, at the following e-mail address: Office@citypages.ro.
8. Limitation of the liability
Citypages.ro shall not be responsible for any direct, indirect, special or tangential damages, resulted from the use or incapacity to use the service, for the cost of obtaining the goods and services or resulting from the obtaining or buying any goods or services, for the received messages or the transactions concluded or resulted from the unauthorized access or alteration of the transmissions or users’ data, including, but without limitation to damages for profit losses, use, data or other intangible things, even if Citypages.ro has been informed of the possibility of such damages.
Citypages.ro shall not be responsible for the provision of incorrect information on its web-site or for the delays which may appear. Citypages.ro is not responsible in case of erase, loss or impossibility to stock the information due to any technical reason which may appear for inner or external causes. Also, Citypages.ro shall not be liable in case its services cannot be entered by the users, for an unlimited period of time, due to any technical or commercial reasons.
The user agrees to exonerate the liability of Citypages.ro and not to suit Citypages.ro with regard to any claim of a third party, resulted from the use of the service or of the network’s company and of the Internet by the user, as well as with regard to any loss (direct, indirect or of any other nature), costs, actions, suits, claims, expenses (including judgment expenses) or any other liabilities, suffered in any way or directly provoked by Citypages.ro due to the breach or ignoring of such conditions by the user.
9. Confidentiality
Citypages.ro awards a special importance to the confidentiality of information and shall submits all necessary diligences, respectively shall use last generation technology in view of achieving this purpose. Still, Citypages.ro shall not guarantee that the use of the web-site by the user shall not be confidential.
Citypages.ro is not responsible for any loss the user or any other person suffers as result of the confidentiality with regard to the use of this web-site by the user. Any information disclosed by the user on the web-site may not be safe during its transmission on the Internet. Third parties have the possibility to intercept the transmissions made by the user when using this web-site.
10. Personal data
Citypages.ro reserves the right to use the data collected from its users in order to improve the services it provides. Citypages.ro assures its users that it will preserve the privacy of their e-mail addresses or personal data to third parties, unless the Romanian law obliges Citypages.ro to act different. Citypages.ro also reserve itself the right to make public the data mentioned above, as statistics, in order to illustrate its users profile.
At the express request of the Romanian competent authorities, Citypages.ro reserve its right to provide to them all the data it detains regarding to a certain user and to the activities the user developed by the portal.
11. Final provisions
a. Force majeure
Citypages.ro is not responsible if the site is not functioning because of the Internet providers and will do its best in order to remedied such problems as soon as possible.
b. Applicable law
“Terms and conditions” of the present site (including the sites of third parties for which certain links exist) are governed and interpreted according to the Romanian legislation. Any dispute controversy or claim arising out of or in connection with the present provisions will be amiably solved. In case the amiably solving is not possible the disputes will be finally settled by arbitration in accordance with the rules of, the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Bucharest. The present site may be entered anywhere inside and outside Romania. Citypages.ro does not offer any insurance that the content of the site is conceived with the observance of the outside Romania applicable legal provisions (including the intellectual property provisions). User entering the present site outside Romania does it on its risks and it is the only responsible for breaching the applicable law.
c. Severability of the contractual clauses
Should any provision of the “Terms and conditions” is lacked of validity and/or unsusceptible of being executed, the invalidity of such provision shall not affect the validity of the other provisions of “Terms and conditions”, all the latter remaining in force. These “Terms and conditions” constitute entirely an agreement concluded between the user and Citypages.ro regarding the use of the web-sites of Citypages.ro.
d. Failure to compel the provisions herein
The users shall compensate Citypages.ro, its representatives or its employees for any prejudice caused – including the attorneys fees – in case of failure to observe/ breach of the provisions of the herein “Terms and conditions”.
