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1. This site is operated by The European Bank for Reconstruction and Development (the “EBRD”) having its Headquarters at One Exchange Square, London EC2A 2JN, United Kingdom.
2. These Terms and Conditions apply collectively to the www.ppi-ebrd-uncitral.com website and its subsites ("the Sites"). If you do not agree to these Terms and Conditions, you must leave the Site.
3. By using either Site, you ("You") agree to be bound by these Terms and Conditions. The EBRD may change these Terms and Conditions from time to time. By continuing to access the Sites following any such change, You accept and agree to be bound by all changes.
4.1. The EBRD maintains these Sites as a service to users. The information contained on these Sites is for informative purposes only. You may visit the Sites and download and copy information, documents and materials provided by the EBRD or various information or content providers (collectively, the "Materials") from the Sites for your personal, non-commercial use, without any right to resell, redistribute or create derivative works therefrom, subject to these Terms and Conditions.
4.2. Unless expressly stated otherwise, the findings, interpretations and conclusions expressed in the Materials in these Sites are those of the various authors of the work and are not necessarily those of the EBRD.
4.3. The content as presented in these Sites may vary depending upon your browser functionality and limitations. The EBRD accepts no liability if you cannot view any part or component of the Sites.
4.4. The EBRD reserves the right to change or remove any material on the Sites including but not limited to revising and/or deleting features or other information without prior notice.
4.5. The Sites may contain hyperlinks or references to external third party websites. Any such hyperlink or reference is provided for your convenience only. The EBRD has no control over such third party websites and accepts no responsibility in relation to any content, material or information contained in these websites.
4.6. You may link to the Sites without seeking the permission of the EBRD. However, such links must clearly identify the EBRD as the source of information displayed on the Sites and preserve the integrity of the Sites without alteration. The EBRD reserves the right to refuse permission to link to the Sites and may demand, at any time, that You cease to link to the Sites.
4.7. These Sites may contain advice, opinions and statements of various information or content providers. The EBRD does not warrant or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information or content provider, or any user of these Sites or other person or entity. Reliance upon any such opinion, advice, statement or other information shall also be at your own risk.
4.8. Nothing in these Sites or any Materials shall be construed, implicitly or explicitly, as containing any investment recommendation or advice, or constituting an offer of, or an invitation by or on behalf of, the EBRD to purchase or sell any securities.
4.9. The EBRD reserves the right, in its sole discretion and for any reason and without notice, to alter, amend, limit, suspend or discontinue the Sites or any Materials in any respect; and deny any user's access to the Sites or any portion thereof. The EBRD shall have no obligation to take the needs of any user into consideration in connection therewith.
5. Our liability
5.1. The Sites are provided on a "as is" and "as available" basis without warranty, condition or commitment of any kind, whether express or implied. The EBRD makes no representation, warranty, commitment in relation to the provision of the Sites including those as to the availability, completeness, accuracy and up-to-datedness of any Material provided through the Sites.
5.2. To the maximum extent permitted by applicable law, the EBRD disclaims and excludes all liability (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) arising from any inaccuracy, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any of the Materials on the Sites. Under no circumstances shall EBRD be liable to You for any loss or damage suffered (both direct and indirect losses) arising from your use of the Sites.
6. Restrictions and terminations
6.1. Where a login and password is required, You acknowledge and agree that the EBRD may, in its sole discretion, deactivate your login name and password and in doing so, prevent your access to the Sites if You breach these Terms and Conditions.
7. Your obligations
7.1. While using the Sites, You may not:
a. post or transmit any unlawful, fraudulent, libellous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, derogatory or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, violate any applicable law or regulation, or damage the goodwill and reputation of the EBRD;
b. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or commercial schemes of any kind or other unsolicited commercial communication;
c. post or transmit any software or material which contains any "virus", "trojan horse", "worm", "data bomb", "logic bomb" or any other similar component;
d. copy, modify, licence, create derivative works from, transfer, post, publish, transmit, reproduce, distribute or in any way exploit:
(i) Materials obtained through the Sites for commercial purposes; or
(ii) Materials obtained through the Sites which are protected by copyright or any intellectual property rights or other rights anywhere in the world, or any derivative works with respect to such works in each case except if expressly permitted by these Terms and Conditions or the copyright owner or rights holder.
7.2. Where required, You agree to keep your login name and password of your registered account confidential and will not allow other third parties to access the Sites using your account details.
7.3. You agree not to affect, restrict, limit or inhibit any other person from using the Sites.
7.4. You agree to defend, indemnify and hold the EBRD harmless from any and all claims, actions, proceedings, losses, damages, liabilities, costs and expenses, including reasonable legal fees, arising in any way from your use of the Sites or any violation of these Terms and Conditions by You or, where applicable, by any users of your registered account.
8.1. If the Sites contain bulletin boards, chat rooms, or other message or communication facilities (collectively, the "Forums"), You agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, You agree that when using a Forum, You shall not do any of the following:
a. defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
b. publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
c. upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
d. upload or attach files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
e. delete any author attributions, legal notices or proprietary designations or labels in any Materials that are uploaded;
f. falsify the origin or source of software or of the Materials contained in a file that is uploaded;
g. advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters;
h. download any file posted by another user of the Forum that You know, or reasonably should know, cannot be legally distributed in such manner.
8.2. You acknowledge that all Forums are public and not private communications. Further, You acknowledge that chats, postings, conferences, e-mails and other communications by other users are not endorsed by the EBRD, and that such communications are not subject to review, screening, or approval by the EBRD.
8.3. You accept that the EBRD is under no obligation to monitor the use of bulletin boards, chat rooms or other like facilities and that the use of such facilities by users is subject to such directions or instructions as may be issued by the EBRD at any given time and at the EBRD's sole discretion.
8.4. The EBRD reserves the right for any reason and at its sole discretion to edit or remove without notice any contents of the Forums received from users, including without limitation e-mail and bulletin board postings.
9. Your submissions
9.1. If You submit your Materials or any other information or data (“Your Submissions”) through the Sites, the EBRD will retain a copy of Your Submissions.
10. Intellectual property rights
10.1. All copyright and other intellectual property rights of Materials on the Sites apart from Your Submissions belong to or are licensed to the EBRD. You own or are licensed to use all material which form part of Your Submissions. In submitting Your Submissions to the Sites, You grant the EBRD a royalty free, non-exclusive licence to use, copy and modify Your Submissions to the required extent.
11.1. These Terms and Conditions shall be construed in accordance with the English Laws.
11.2. Any dispute or claim arising out of, or relating to these Terms and Conditions shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules in force on the date of these Terms and Conditions. There shall be one arbitrator, and the appointing authority shall be the London Court of International Arbitration. The seat and place of arbitration shall be London, England and the English language shall be used throughout the arbitral proceedings. The EBRD and You waive any rights under the Arbitration Act 1996 or otherwise to appeal any arbitration award to, or to seek determination of a preliminary point of law by, the courts of England or elsewhere.
11.3. The arbitrator shall not be authorised to take or provide, and You agree that You shall not seek from any judicial authority, any interim measures of protection or pre-award relief against the EBRD, any provisions of the UNCITRAL Arbitration Rules notwithstanding. Where the UNCITRAL Arbitration Rules do not provide for a particular situation, the arbitrator shall have absolute discretion to determine what course of action should be followed and the arbitrator's decision shall be final. Any award given by the arbitrator shall be final and binding on the parties and shall be in lieu of any other remedy.
11.4. Nothing in these Terms and Conditions shall be construed as a waiver, renunciation or other modification by the EBRD of any immunities, privileges and exemptions of the EBRD accorded under the Agreement Establishing the European Bank for Reconstruction for Development, international convention or any applicable law.
11.5. The failure of the EBRD to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, the other provisions of these Terms and Conditions shall be unaffected and remain in full force and effect.
11.6. These Terms and Conditions supersede any prior advertisements, terms, agreements or communications between the EBRD and You and constitute the entire agreement between the EBRD and You in respect of the Sites