RULES FOR THE USE OF THE WEBSITE CG-PROJECTS.COM
The following sets forth the rules for the use of the website CG-Projects.com with respect to the provision of resources and services available for all customers on this website.
1. “CG-Projects.com” (http://www.cg-proejects.com) is a website – a virtual informational resource in the Internet, owned by CG-Projects which presents CG-Projects products and services and gives the users the opportunity to use different services, as well as to find information by hyperlinks to resources, situated on the CG-Projects server, beyond the control of CG-Projects.
2. “CG-Projects” is a limited liability company, duly incorporated and existing under the laws of Republic of Guatemala, with seat and registered address in Avenida Las Americas, 20-30 Area 13, Guatemala. CG-Projects administers and controls the website CG-Projects.com.
3. “Customer” is any natural person, who uses the website CG-Projects.com.
4. “Malicious actions” are actions or inactions, violating the Internet ethics or causing damages to persons connected to the Internet or associated nets, as well as any actions that can be qualified as crimes or administrative offences according to the International or other applicable legislation. The malicious actions include, but are not limited to, the following: sending of unsolicited communications (SPAM, JUNK MAIL), flooding, gaining access to resources by using somebody else’s rights and passwords, using system imperfections for own benefit or for gaining information (HACK), committing actions, that can be qualified as industrial espionage or sabotage, damaging or destroying systems or arrays of information (CRACK), sending systems for unauthorized remote access (“Trojan Horses”) or causing the installation of viruses, disturbance of the other Internet and associated networks user’s normal work, etc.
5. “CG-Projects Database” is a database organized as a catalog of three-dimensional models of original interior design products (including but not limited to furniture, accessories, lamps, carpets, etc.), which are created by CG-Projects.
6. CG-Projects provides to the customer a set of resources and services predefined as free and available withing registration on the web pages of CG-Projects.com.
7. The computer and other technical equipment, the Internet access and the connection for the transmission of informational packages between the customer and the web page, necessary for the use of the website CG-Projects.com, are to be ensured by the customer himself/herself. CG-Projects is not liable in cases where the customer cannot access the Services due to problems which are not under its control (hardware or software problem, problem regarding the Internet connection, etc.).
8. The present Rules shall not apply with respect to services, which are subject to particular rules, as well as with respect to the relationships between the customer and third parties.
9. As far as the services provided by CG-Projects are various and permanently increasing and modifiable with a view to their improvement and widening their range, the features and the regime for their provision (free access, upon prior registration or after registration and payment of a corresponding charge) may be changed at any time by CG-Projects. CG-Projects is entitled to discontinue the provision of these services as well as to block the access to the website http://www.cg-projects.com at any time at its sole discretion.
10. The parents exercising their parental rights or the guardians of a person under age are liable for all damages caused by the latter to CG-Projects or to third parties with respect to the use of the website CG-Projects.com.
11. As far as the services provided by CG-Projects are various and permanently increasing and modifiable with a view to their improvement and widening their range, as well as in accordance with the legislative changes that concern the services provided, the present Rules may be amended unilaterally by CG-Projects.
12. In the event of amendment to these Rules, CG-Projects undertakes to notify the customer by publishing in CG-Projects.com a notice with the text of the changes or a hyperlink to a web page where the amended Rules are available.
13. CG-Projects provides to the customer:
a. limited access to CG-Projects Database and to information about the designer and the producer of the original interior design products included in it without option for combining their three-dimensional models and designing interior compositions. In order to use the option for combining three-dimensional models of original interior design products and designing interior compositions the customer shall have a registration in CG-Projects.com, shall pay certain charge defined on the respective web page and shall agree with the respective License Agreement;
b. access to other text, graphic, audio and video materials and other resources on CG-Projects.com.
14. The customer is obliged to observe the terms and conditions regarding the regime for use of the services as well as regarding any other line of conduct determined by CG-Projects for the purposes of protecting or improving the quality and reliability of the services.
15. All intellectual property rights regarding the content on the website CG-Projects.com, including but not limited to, the text, pictures, designs, graphics, photos and other video material, sound material, format, software, data compilations, databases (including CG-Projects Database) and other materials, as well as the intellectual property right regarding the services, are subject to protection under the Guatemalan Law Authority, Copyright and are sole property of CG-Projects or the referred third party granting the right to use these rights to CG-Projects. The customer may not use the website CG-Projects.com, the services or any element of the content thereof, in any other way other than for their respective purposes.
16. The right of access of the customer does not include the right to copy or reproduce the content of CG-Projects.com or any part or element of it or to use any intellectual property objects owned by CG-Projects or by any third party, unless it involves non-substantial volume of content only for the purposes of personal and non-commercial use which does not prejudice the lawful interests of the authors or any other owners of intellectual property rights. Notwithstanding the above, the customer may not remove any designation or information regarding the trademark or the ownership of other kind of intellectual property rights over the available materials.
17. The customer may not make the content of the CG-Projects.com or any element thereof available in any way to third parties and may not multiply it. This, inter alia, means the customer may not extract and/or reuse substantial parts of the content of CG-Projects.com and/or repeatedly and systematically extract and reuse non-substantial parts of the content without the written permission of CG-Projects.
18. When using the website CG-Projects.com, the customer is obliged not to upload on the CG-Projects server, transmit or otherwise make available to third parties information, data, text, sound, files, software, music, photos, designs, graphics, video, messages, as well as any other materials, which:
a. the applicable foreign law, the present Rules, the Internet ethics, the rules of morality and good faith;
b. contain a threat to human life or physical integrity;
c. have advertising purposes, unless CG-Projects has granted its prior consent;
d. have pornographic content or any other content which endangers the normal mental development of the minors or violates the rules of morality and good faith;
e. have contents that violates human rights or freedoms;
f. contain commercial or industrial secrets or other information protected by the law;
g. are subject to third parties’ right of intellectual property, unless right holder has granted its consent ;
h. violate any pecuniary or non-material rights or lawful interests of third parties.
19. In case of breach of any of the requirements under the preceding paragraph CG-Projects is entitled immediately and without a notification in advance to suspend the access of the customer and the third parties to the respective content, information or materials. In this case CG-Projects shall have the right to notify the competent authorities regarding the ascertainment of the respective breach.
20. When using the website CG-Projects.com the user is obliged:
a. to observe the applicable foreign law, the present Rules, the Internet ethics, the rules of morality and good faith;
b. not to offend any reputation and not to instigate violent change of the constitutional order, crime, cause harm to a person or to inflame a racial, national, ethnics or religious enmity;
c. not to promote fascist or other antidemocratic ideology;
d. not to breach material or non-material rights of third parties, including intellectual property rights;
e. to inform immediately CG-Projects of each instance of committed or discovered breach regarding the use of the website CG-Projects.com;
f. not to introduce himself/herself as a representative of a legal entity or group of persons, who he/she is not authorized to represent, or to mislead in other way third parties about his/her identity or affiliation to a certain group of persons;
g. not to perform malicious actions.
21. All customer are prohibited from uploading on the CG-Projects server, sending, delivering, disseminating, making available to third parties or using in any way computer programs, files, attachments or other materials or information, containing computer viruses, systems for unauthorized remote access (“Trojan horses”), computer codes or materials, intended to interrupt, impede, breach or restrict the normal functioning of computer hardware or software or telecommunication devices or intended to perform unauthorized penetration in or access to foreign resources or software.
22. Every customer is obliged not to perform and not to try to attain unauthorized access to the services provided, to user profiles, computer systems or networks, connected with the Services provided, by cracking or using other’s passwords or by any other methods.
23. CG-Projects does not have obligation and objective capacity to control the way in which the customer uses the website CG-Projects.com or to seek facts or circumstances indicating illegal activity related to this use.
24. CG-Projects may place hyperlinks, popups and advertisements on the website CG-Projects.com for selling goods, rendering services by third parties – partners of CG-Projects and promos by third parties – partners of CG-Projects. CG-Projects is not liable for the availability and the quality of these goods and for the contents of these services, as well as for the performance of all undertaken obligations, pertaining to their provision, as far as the actions of the third parties – partners of CG-Projects, are not under the CG-Projects control.
25. CG-Projects is entitled, but not obliged, to remove, delete or block at its own discretion any part or element of the website CG-Projects.com content.
26. CG-Projects is entitled, but not obliged, to save any content, situated on the its server and to submit it to third parties and to the respective authorities in case this is necessary for the protection of the rights, lawful interests and security of CG-Projects or third parties, as well as in the cases, when the respective content is required by the respective state authorities.
27. CG-Projects takes all the due care the content available on CG-Projects.com to be correct but does not guarantee the authenticity and the thoroughness of this content, unless provided otherwise on the website CG-Projects.com.
28. CG-Projects does not guarantee that the services provided will be uninterrupted, timely, trustworthy, secure and free from mistakes, as far as this is beyond the abilities, control and the will of CG-Projects. CG-Projects is not responsible for non-provision of the services if circumstances which are out of the CG-Projects control occur – cases of force majeure, chance events, problems with Internet and with the provision of the services outside CG-Projects control.
29. CG-Projects does not guarantee that the services provided are untouched by computer viruses, Trojan horses or other similar programs and systems, disturbing the normal work of the computer systems.
30. The use of the website CG-Projects.com is entirely at the risk and the sole responsibility of the customer.
31. CG-Projects is not responsible for damages caused to the customer during the use of the website CG-Projects.com, unless they have been caused deliberately or due to gross negligence on the part of CG-Projects.
32. CG-Projects is not liable for damages to the software, hardware or the telecommunication devices, neither for the loss of data, resultant of any content sought, uploaded or used in any way through the medium of the services provided.