4-Europe LTD & Co. KD (“4-Europe”) provides this website (“Site”) to you and these Terms and Conditions (“Terms and Conditions” or “Agreement”) apply to this Site. This Agreement is made between you and 4-Europe. The Site and all text, pictures, graphics, logos, button items, images, works of authorship and other information and all revisions, modifications, and enhancements thereto (“Content”) are subject to the following Terms and Conditions, which may be updated from time to time. The Site is provided to you under these Terms and Conditions, and amendments thereto and any operating rules or policies. We reserve the right to update and change these Terms and Conditions from time to time with or without notice to you.
Your access to and use of this Site and Content provided on this Site are subject to the following Terms and Conditions and all applicable laws and regulations. Please read these terms carefully. If you do not agree with any of these Terms and Conditions, do not access or otherwise use this Site or any information or Content contained on this Site. Your access to and use of this Site constitute your Agreement to abide by each of the Terms and Conditions set forth below.
PROPRIETARY RIGHTS
You acknowledge and agree that (a) all Content is the copyrighted work of 4-Europe or its third party content suppliers and is protected by copyright laws, (b) 4-Europe’s name, the domain https://www.positivia.com, the logos, all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of 4-Europe (collectively, “Marks”), and (c) all other trademarks, product names, company names or logos on the Site are the property of their respective owners. In addition to agreeing to comply with all applicable laws, you agree you will not use any such Content or Marks from this Site for any purpose without the appropriate prior written authorization.
This Site does not claim any ownership in any photographs, images, video, works of authorship, or other materials, including biographical, photographic and other information identifying you (“Submission”) submitted by you. By submitting a Submission to this Site, you grant 4-Europe a perpetual, nonexclusive, worldwide license to use, modify, publicly perform, publicly display, reproduce and distribute such Submission as reasonably necessary in the ordinary course of running and marketing 4-Europe. You hereby acknowledge and fully understand that the grant of rights extended to 4-Europe and the Site by you includes the right to use and to re-use the Submission, in whole or in part, and to authorize others to use and to re-use the submission, an unlimited number of times without compensation to, or approval by, you. Such use may include, but is not limited to, editorial, entertainment, advertising, exhibition, promotion, cross-promotion, sales, leasing, rental, merchandising and trade purposes.
You represent and warrant that all Submissions you provide to 4-Europe are exclusively owned by you and do not infringe on any person’s intellectual property rights (including, but not limited to copyrights, trademarks, service marks, or any other proprietary, publicity, or privacy rights).
ARBITRATION
You understand and agree that all claims, disputes or controversies between you and 4-Europe, and its parent, affiliates, subsidiaries or related companies, including but not limited to tort and contract claims, claims based upon any federal, state or local statute, law, order, ordinance or regulation, and the issue of arbitrability, shall be resolved by final and binding arbitration at a location determined by the arbitrator (who shall be selected by 4-Europe). Any controversy concerning whether a dispute is arbitrable shall be determined by the arbitrator and not by the court. Judgment upon any award rendered by the arbitrator may be entered by any state or federal court having jurisdiction thereof. This arbitration contract is made pursuant to a transaction in interstate commerce and its interpretation, application, enforcement and proceedings hereunder shall be governed by the law of the Bulgaria. Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other consumers or arbitrate any claim as a representative or member of a class or in a private attorney general capacity. The parties voluntarily and knowingly waive any right they have to a jury trial.
MODIFICATION OF SITE
4-Europe may, at its discretion, modify or discontinue any of the Content or a portion thereof, with or without notice. You agree that 4-Europe will not be liable to you or any third party for any modification or discontinuance of any of the Content.
DISCLAIMERS
You expressly understand and agree that your use of this Site and Content is at your sole risk. All Content is provided on an “as is” or “as available” basis. 4-Europe and its suppliers expressly disclaim all warranties, guarantees and conditions of any kind whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title or noninfringement. The information contained in this Site does not constitute legal, tax, accounting or other professional advice. 4-Europe and its suppliers make no warranty that (i) the Content is accurate or error-free; and (ii) the results that may be obtained from the use of the Content will be reliable.
You expressly warrant and agree that any material downloaded or otherwise obtained through the use of this Site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or network or any loss of data that results from the download of any such material.
LIMITATION OF LIABILITY
You understand and agree that 4-Europe and its suppliers will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages resulting from or in any way connected to your access to, use, or inability to use the Site or Content, or from your access to, use, inability to use, or reliance upon any linked website, even if 4-Europe or its suppliers have been advised of the possibility of those damages. Some jurisdictions either do not allow or place restrictions upon the exclusion or limitation of damages in certain types of Agreements; for these jurisdictions, the aforementioned limitation on liability shall be to the maximum degree permitted by applicable law. If, notwithstanding the above, liability is imposed upon 4-Europe, then you agree that 4-Europe’s total liability for any or all of your losses or injuries from 4-Europe’s acts or omissions, regardless of the nature of the legal or equitable claim, shall not exceed 100 EUR.
GOVERNING LAW
These Terms and Conditions are governed by the laws of Bulgaria without regard to conflict of law provisions with the exception of the arbitration provision, which shall be governed by the Bulgarian law. You hereby consent to the exclusive jurisdiction of the courts of Bulgaria. Venue shall be in Burgas, Bulgaria.
ENTIRE AGREEMENT
These Terms and Conditions, the Privacy Policy, and other policies 4-Europe may post on this Site constitute the entire Agreement between 4-Europe and you in connection with your use of this Site, any products or services offered on this Site, and the Content, and supersede any prior versions of the Terms and Conditions, if applicable. 4-Europe may update these Terms and Conditions from time to time by posting revised Terms and Conditions on this Site, without notice to you, and your subsequent use of the Site is governed by those new Terms and Conditions. The Terms and Conditions are effective until terminated by 4-Europe. In the event of termination, the proprietary rights, disclaimers, limitations of liabilities, and governing law provisions set forth in these terms and conditions will survive. In the event of a conflict between any other notice, policy, disclaimer or other term contained in this Site, these Terms and Conditions will control. If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
PRIVACY POLICY
4-Europe’s policy on how your personal information is used and disclosed is contained in our Privacy Policy. You agree to accept these Terms and Conditions, any notifications and revisions, and any notices provided electronically on this Site.
LINKS
We have no control over and are not responsible for the Content of or claims made on websites that may be linked to or from this Site, whether or not they may be affiliated with us. Any websites linked to or from our Site are for your convenience only, and you access them at your own risk.
Updated on: 15-06-2022