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Efengshui.pl/org/ru terms of services
(12-01-2011)

1.     ACCEPTANCE OF TERMS

Beryl Consulting welcomes you. Beryl consulting provides the Efengshui.org/pl/ru Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version at our home site  www.efengshui.org By accessing and using the Efengshui.org/pl/ru services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Beryl Consulting owned or operated services, you and Efengshui.org/pl/ru shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Beryl Consulting may also offer other services that are governed by different Terms of Service.

2.     DESCRIPTION OF EFENGSHUI SERVICES

Efengshui.org/pl/ru provides users with access to a  collection of resources, including without limitation various calculators, articles, personalized content and videos , instructional or otherwise. You also understand and agree that the Efengshui.org/pl/ru may include advertisements and that these advertisements are necessary for Beryl Consulting to provide the Efengshui.org/pl/ru Services. You also understand and agree that the  Efengshui.org/pl/ru Services may include certain communications from Beryl Consulting such as service announcements, administrative messages and the  Efengshui.org/pl/ru Newsletter, and that these communications are considered part of Beryl Consulting or Efengshui.org/pl/ru membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Efengshui.org/pl/ru services , including the release of new  Efengshui.org/pl/ru services of, shall be subject to the TOS. You understand and agree that the  Efengshui.org/pl/ru Services is provided "AS-IS" and that  Efengshui.org/pl/ru assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the  Efengshui.org/pl/ru Services, and that access may involve third-party fees (such as cargo handling and or various applicable tax  charges). You are responsible for those fees, including those fees associated with the display. In addition, you must provide and are responsible for all equipment necessary to access the  Efengshui.org/pl/ru Services.

You understand that the technical processing and transmission of the  Efengshui.org/pl/ru Services, including your Content( if contributed), may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

3.     YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Efengshui.org/pl/ru services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the  Efengshui.org/pl/ru Services under the laws of the European Community or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Beryl Consulting registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Beryl Consulting has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Beryl consulting has the right to suspend or terminate your account and refuse any and all current or future use of the Efengshui.org/pl/ru Services (or any portion thereof). Please remember that the  Efengshui.org/pl/ru Services is designed to appeal to a broad audience.

4.     MEMBER ACCOUNT, PASSWORD AND SECURITY

You will have a password and account designation upon completing the Beryl Consulting Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Beryl Consulting of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Beryl Consulting cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.

5.     MEMBER CONDUCT

You understand that all information, data, text,    photographs, graphics, messages, or other materials ("Content"), whether  posted or  transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Beryl Consulting, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via Efengshui.org/pl/ru does  not control the Content posted  and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Efengshui.org/pl/ru you may be exposed  Content that is offensive, indecent or objectionable dependent upon your sensitivity. Under no circumstances will be liable Efengshui.org/pl/ru  in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the  Efengshui.org/pl/ru services

You agree to not use  Efengshui.org/pl/ru to

a.     upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b.    harm minors in any way;

c.     impersonate any person or entity, including, but not limited to, a Beryl Consulting official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d.    forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Efengshui.org/pl/ru services

e.     upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f.     upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

g.    upload, post, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

h.     interfere with or disrupt the  Services of  Beryl Consulting or servers or networks connected to the Efengshui.org/pl/ru  Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Efengshui.org/pl/ru

You acknowledge that Beryl Consulting may or may not pre-screen Content, but that Beryl Consulting and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Efengshui.org/pl/ru  Services. Without limiting the foregoing, Beryl Consulting and its designees shall have the right to remove any Content that violates the TOS or is otherwise considered objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not solely rely on any Content created by  or submitted to Efengshui.org/pl/ru.

You acknowledge, consent and agree that Beryl Consulting may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of   Efengshui.org/pl/ru users and the public.

6.     CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE Efengshui.org/pl/ru SERVICES

Beryl Consulting does not claim ownership of Content you submit or make available for inclusion on the Efengshui.org/pl/ru Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Efengshui.org/pl/ru  Services, you grant Beryl Consulting the following worldwide, royalty-free and non-exclusive license(s), as applicable:

a.     With respect to Content you submit or make available for inclusion on publicly accessible areas of Efengshui.org/pl/ru , the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Efengshui.org/pl/ru solely for the purposes of providing and promoting the specific  to which such Efengshui.org/pl/ru Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Efengshui.org/pl/ru Services and will terminate at the time you remove or Beryl Consulting removes such Content from the Efengshui.org/pl/ru Services.

b.    With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Efengshui.org/pl/ru Services , the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the  Efengshui.org/pl/ru Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Efengshui.org/pl/ru Services and will terminate at the time you remove or Beryl Consulting removes such Content from the Efengshui.org/pl/ru Services.

c.     With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Efengshui.org/pl/ru Services , the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Efengshui.org/pl/ru Services are those areas of the Beryl Consulting network of properties that are intended by Efengshui.org/pl/ru  to be available to the general public.

7.     CONTRIBUTIONS TO Efengshui.org/pl/ru

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Beryl Consulting through its suggestion or feedback , you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Beryl Consulting is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Beryl Consulting shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Beryl Consulting may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Beryl Consulting without any obligation of Beryl Consulting to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Beryl Consulting under any circumstances.

8.     INDEMNITY

You agree to indemnify and hold Beryl Consulting and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Efengshui.org/pl/ru Services, your use of the Efengshui.org/pl/ru  Services, your connection to the Efengshui.org/pl/ru  Services, your violation of the TOS, or your violation of any rights of another.

9.     NO COMMERCIAL REUSE OF Efengshui.org/pl/ru SERVICES

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Efengshui.org/pl/ru  Services (including Content, advertisements, Software and your Efengshui.org/pl/ru ID).

10.  MODIFICATIONS TO BERYL CONSULTING

Beryl Consulting reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Efengshui.org/pl/ru Services (or any part thereof) with or without notice. You agree that Beryl Consulting shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Efengshui.org/pl/ru  Services (or any part thereof).

11.  TERMINATION

You may terminate your Efengshui.org/pl/ru  account, any associated access to the Efengshui.org/pl/ru Services by submitting such termination request to Beryl Consulting.

You agree that Beryl Consulting may, without prior notice, immediately terminate, limit your access to or suspend your Efengshui.org/pl/ru  account  and access to the Efengshui.org/pl/ru  Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Efengshui.org/pl/ru Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Efengshui.org/pl/ru  Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Beryl Consulting sole discretion and that Beryl Consulting shall not be liable to you or any third party for any termination of your account, or access to the Efengshui.org/pl/ru  Services.

Termination of your Efengshui.org/pl/ru  account includes any or all of the following: (a) removal of access to all or part of the offerings within the Efengshui.org/pl/ru Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the  Efengshui.org/pl/ru Services.

12.  DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Efengshui.org/pl/ru  Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Efengshui.org/pl/ru  shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Efengshui.org/pl/ru Services.

13.  Efengshui.org/pl/ru PROPRIETARY RIGHTS

You acknowledge and agree that the Efengshui.org/pl/ru  Services and any necessary software used in connection with the Efengshui.org/pl/ru Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Efengshui.org/pl/ru Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Beryl Consulting or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Efengshui.org/pl/ru Services, such Content or the Software, in whole or in part.

Beryl Consulting grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Efengshui.org/pl/ru Services. You agree not to access the Efengshui.org/pl/ru Services by any means other than through the interface that is provided by Beryl Consulting for use in accessing the Efengshui.org/pl/ru  Services.

14.  DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a.     Your use of the efengshui/pl/org/ru services and software are at your sole risk. Services and software are provided on as “as is” and “as available” basis. Beryl Consulting and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

b.    Beryl Consulting and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the efengshui/pl/org/ru services or software will meet your requirements; (ii) the efengshui/pl/org/ru services or software will be uninterrupted, timely, secure or errorfree; (iii) the results that may be obtained from the use of the Beryl Consulting services or software will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the efengshui/pl/org/ru services or software will meet your expectations; and (v) any errors in the software will be corrected.

c.     Any material downloaded or otherwise obtained through the use of the efengshui/pl/org/ru services or software is accessed at your own risk and discretion, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data that results from the download of any such material.

d.    No advice of information, whether oral or written, obtained by you from Beryl Consulting or through or from efeng shui/pl/org/ru services or software shall create any warranty not expressly stated in the TOS.

e.

15.  LIMITATION OF LIABILITY

You expressly understand and agree that Beryl Consulting and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even of Beryl Consulting has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the efengshui/pl/org/ru service; (B) the cost of procurement of substitute goods and services; (c) unauthorized access to or alteration of you transmissions or data; (d) statements or conduct of any third party on the efengshui/pl/org/ru service; or (e) any other matter relating to the efengshui/pl/org/ru service.

16.  NOTICE

Beryl Consulting may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Efengshui/pl/org/ru  Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Efengshui/pl/org/ru  Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Efengshui/pl/org/ru  Services in an authorized manner.

17.  TRADEMARK INFORMATION

You agree that all of Beryl Consulting trademarks, trade names, service marks and other Efengshui/pl/org/ru    logos and brand features, and product and service names are trademarks and the property of Beryl Consulting. Without  Beryl Consulting prior permission, you agree not to display or use in any manner the logo of Beryl Consulting or the name.

18.  NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Beryl Consulting respects the intellectual property of others, and we ask our users to do the same. Beryl Consulting may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Beryl Consulting  the following information:

a.     an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

b.    a description of the copyrighted work or other intellectual property that you claim has been infringed;

c.     a description of where the material that you claim is infringing is located on the site;

d.    your address, telephone number, and email address;

e.     a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

f.     a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf

19.  GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and Beryl Consulting and governs your use of the Efengshui/pl/org/ru    Services, superseding any prior version of this TOS between you and Beryl Consulting with respect to the Efengshui/pl/org/ru  Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other  services, affiliate services.

Choice of Law and Forum. You and Beryl Consulting each agree that the TOS and the relationship between the parties shall be governed by the laws of the country Poland without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Beryl Consulting, shall be brought exclusively in the courts located in  Warsaw, POLAND. You and Beryl Consulting agree to submit to the personal jurisdiction of the courts located within Warsaw,Poland, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Waiver and Severability of Terms. The failure of  Beryl Consulting to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your Efengshui/pl/org/ru    account is non-transferable and any rights to your ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Efengshui/pl/org/ru  Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

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