4.1. EBRD maintains the Site as a service to users. The information contained on the Site is for informative purposes only. Subject to paragraph 7.1 below, you may visit the Site, download and copy information, documents and materials provided by EBRD or various information or content providers (collectively, the «Materials«) from the Site 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 the Site are those of the various authors of the work and are not necessarily those of EBRD.
4.3. The content as presented in the Site may vary depending upon your browser functionality and limitations. EBRD accepts no liability if you cannot view any part or component of the Site.
4.4. EBRD reserves the right to change or remove any material on the Site, including by revising and/or deleting features or other information. EBRD may also deny any user access to the Site or any portion thereof. In connection therewith, EBRD shall have no obligation to take the needs of any user into consideration.
4.5. The Site may contain hyperlinks or references to external third party websites. Any such hyperlink or reference is provided for your convenience only. 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 Site without seeking the permission of EBRD, provided you do so in a way that is fair and legal, does not damage our reputation, and does not suggest any form of association, approval or endorsement on our part. Such links must clearly identify EBRD as the source of information displayed on the Site and preserve the integrity of the Site without alteration. EBRD reserves the right to refuse permission to link to the Site and may demand, at any time, that you cease to link to the Site.
4.7. The Site may contain advice, opinions and statements of various information or content providers. 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 the Site, or other person or entity. Reliance upon any such opinion, advice, statement or other information shall also be at your own risk. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
4.8. Nothing in the Site 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, EBRD to purchase or sell any securities.
5.1. The Site is provided on an «as is» and «as available» basis without warranty, guarantee, condition or commitment of any kind, whether express or implied. EBRD makes no representation, warranty, guarantee, commitment in relation to the provision of the Site including those as to the availability, completeness, accuracy of any Material provided through the Site.
5.2. To the maximum extent permitted by applicable law, 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 Site. 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 Site.
6.1. Where a login and password is required, you acknowledge and agree that EBRD may, in its sole discretion, deactivate your login name and password and in doing so, prevent your access to the Site.
6.2. Where applicable, you agree to keep your login name and password of your registered account confidential and will not allow other third parties to access the Site using your account details.
7.1. While using the Site, 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 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 EBRD;
(b) post or transmit any advertisement, solicitation, chain letter, pyramid scheme, investment opportunity or commercial scheme 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, republish, transmit, retransmit, reproduce, distribute or in any way exploit or use:
(i) Materials obtained through the Site for commercial purposes; or
(ii) Materials, or any derivative work of such Materials, obtained through the Site which are subject to the copyright or any other intellectual property rights of a third party. If you wish to copy, modify, licence, transfer, post, publish, republish, transmit, retransmit, reproduce, distribute or in any way exploit or use such Materials, or any derivative work of such Materials, you must first obtain the necessary permission of the owner.
7.2. You agree not to restrict, limit or inhibit any other person’s use of the Site.
7.3. You agree to defend, indemnify and hold 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 Site or any violation of these Terms and Conditions by you or, where applicable, by any users of your registered account.
7.4. Upon EBRD’s option, you shall promptly return to EBRD or destroy (where practical) all printed, copied or downloaded Materials.
8.1. If the Site contains a bulletin board, chat room, or other message or communication facility (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:
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 EBRD, and that such communications are not subject to review, screening, or approval by EBRD.
8.3. You accept that EBRD is under no obligation to monitor the use of any Forums and that the use of such Forums is subject to such directions or instructions as may be issued by EBRD at any given time and at the sole discretion of EBRD.
8.4. EBRD reserves the right for any reason and at its sole discretion to edit or remove without notice any content of the Forums, including e-mail and bulletin board postings.
9.1. All copyright and other intellectual property rights of Materials on the Site apart from your submissions belong to or are licensed to EBRD.
9.2. You acknowledge that the logo of EBRD is a registered service mark and as such may not be reproduced without the express written permission of EBRD. You undertake that you will not use EBRD’s name or acronym in any public announcements, promotional, marketing or sales materials without the prior written consent of EBRD.
10.1. Nothing in these Terms and Conditions shall be construed as a waiver, renunciation or modification by EBRD of any immunities, privileges and exemptions of EBRD accorded under the Agreement Establishing the European Bank for Reconstruction and Development, international convention or any applicable law. Further, nothing in these Terms and Conditions shall be construed as a waiver of the inviolability of the Bank’s archives.
10.2. These Terms and Conditions shall be governed by and construed in accordance with English law. Any non-contractual obligations arising out of or in connection with these Terms and Conditions shall be governed by and construed in accordance with English law.
10.3. The failure of 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.
10.4. Unless you have an express contractual relationship with EBRD, these Terms and Conditions constitute the entire agreement between EBRD and you in respect of the Site.