Before starting to use the Web, read the terms and conditions stated in the User Agreement, please. By registrating on the Web, you agree with the terms and conditions stated in the User Agreement and declare that you areof the age of majority in your jurisdiction and can act as the other Party of the User Agreement, or, if underaged, that you have your parents’ or foster parents’ consent to enter into the User Agreement.
1. Basic terms and definitions
The User Agreement (hereinafter referred to as “Agreement”) –a list of rules governing the relationships between the Web Administration and Web Users (hereinafter referred to jointly as “Parties”), arising from using the Web and the Web Services.
Web Administration (hereinafter referred to as “Administration”) —TianDe, offering the Partners of the Administration and the Users access to the Web and the Web Services. The Administration does not sell production labelled with the trademark “TianDe” (hereinafter referred to as “Production”) to the Web Users, but it allows the Partnersof the Administration to put appropriate Announcements about the Production on offer on their Websites.
Partner of the Administration (hereinafter referred to as “Partner”) – an artificial person who is entitled to be involved in the realization of the Production by the means of putting appropriate Announcements about the Production on offer on their Websites, based on contracts entered into with the Administration for the purpose of using Web Service synchronized with the Web.
User — a natural person who, in accordance with the established procedures, entered into the User Agreement via the Internet network for the purpose of getting information or buying the Production.
Buyer – a User who has made an order of the Production via the Web, thus having entered into a contractual relationship with the Seller.
Seller – a Partner of the Administrationstipulated as the Seller by the Web Services, who has accepted the order of the Production.
Web –a package located among the Internet Websites that is interconnected through the theme, the design, a single address space of the domain www.tiande.eu. The Web is created and administred by the Administration. Users visiting the Web act on their free will and bear their own responsibility for their acts in accordance with the law of the country they are located in. Any claims or objections regarding the Web and its use shall be regulated by the laws , and no conflicting norms of the private international law shall apply.
Web Service (hereinafter referred to as “Service”) – an application located on the Web or the Website.
User Account (hereinafter referred to as “Account”) — an account of a user created upon user’s registration on the Web, that allows the Administration to carry on the identification (authorization) of every User via their unique user name and password. Users choose both their user name and their password during the registration process at their own discretion. Users are entitled to change their passwords as stated in the Agreement; the user name is unchangeable.
Content–design elements, illustrations, graphics, scripts, programmes, videos, music, sounds, and other objects that may or may not be results of intellectual activities, property rights for which belong to the Administration, Users, Partners, or other persons.
Announcement - texts, pictures, graphics, videos, and any other information that are published by the User on the Web via the Services and that are added and modified via the User’s Online Office.
Personal Messages - emailssent by one User to another one that are not accessible by any other person and that are both sent and received via the User’s Online Office.
Online Office –part of the Web containing part of the information published by a User on his/her account, thus accessible by other Users. The profile is used to exchange Personal Messages, publishing Announcements for other Users, and other activities.
Profile–a User’s identifier.
2. Rules of Web Usage
2.1. Users are entitled to use this Web only if they agree with the Agreement and treat the Web in a way stipulated in the Agreement. To use the basic Web functions, Users must create an Account.
2.2. When registering their Accounts, Users shall provide up-to-date and valid information, including their first and last name, sex, date of birth, and other. Upon logging into the Web, Users create unique login credentials – a user name and a password that are considered confidential and must not be made public, unless stated otherwise in forceable laws and/or the Agreement. In case of loss of the password, Users are solely responsible for any fraudulent or other illegal operations with their User’s Account. It is recommended to the Users to choose a password that eliminates the risk to be generated by third parties.
2.3. Users agree to be solely responsible for keeping their user name and password used for accessing the Web via their personal Account confidential.
2.4. In case Users learn about any unauthorised usage of their user name, password or data from their personal Account, they are required to inform the Administration without an undue delay by sending an email to firstname.lastname@example.org.
2.5. To access the Web of a registered User, an authorization is required, i.e. the access is allowed only upon entering the User’s user name and password, clicking on a hypertext link, using automatic authorization enabled by cookies, or other means of authorization.
2.6. In case the authorization cannot proceed because the User has lost the password, the profile has been blocked, or because of any other reason, the User is entitled to contact the technical support of the Web Administration or to follow the instructions for password recovery. The Web Administration is entitled to unilaterally change, abolish or amend the rules for renewing the access to the Account and for the authorization.
2.7. A person that has authorized on the Web is considered the owner of the Account who has gained the access to use and control the Web based on the authorization.
2.8. Cookies may be used for the User’s access to the Web, both for the purpose of an automatic authorization of the User on the Web and for the purpose of collection of statistical data, especially data on the Web traffic.
2.9. Users are entitled to limit or disable cookies via changing the settings of their browser.
2.10. The Web Administration ensures continuous operation of the Web, but cannot ensure there are no blackouts caused by technical problems or Web maintenance. The Administration does not guarantee that the Web and any Services will be accessible at any moment in the future and that the operation will not be terminated.
2.11. When using the Web, Users are obliged to comply with the precautionary principles regarding the Content, especially the Content published by other Users, and other materials and information; when clicking on hypertext links on the Web; when using any files, including software, in order to prevent a negative impact of a harmful software on the User’s computer, an unauthorized access to the Account, password cracking, and any other impacts that could be harmful for the User.
2.12. Using the Content published on the Web by the Administration or other Users is allowed within the scope of the Web’s functions, if Users respect both any authorizations and restrictions that may be set by the rights holder and all copyrights or any other means of authorship Announcements where the author’s name must be preserved.
2.13. Users are not entitled to post or publish (on the Web) the Content and other results of intellectual activity of the Partners of the Administration or other persons – right holders, unless they have a clearly expressed consent of the right holder and/or are legally authorized to act in this way.
3. Processing of Personal Data
3.1. Upon accepting the Agreement and providing personal data (first and last name(s), date of birth, correspondence address, telephone number, email address, and other information – hereinafter referred to as “Personal Data”) during the registration process to be part of the Account and the Profile of the User, Users agree with their Personal Data to be processed by the Administration. To verify the authenticity of the Personala Data, the Administration is entitled to request the User’s identity confirmation in any form that is in compliance with the law.
3.2. Users’ Personal Data are processed to allow providing of services, processing of orders, providing the possibility to use the Services, carrying out advertising campaigns, providing targeting advertising and Services, conducting statistical researches and analyzing the data obtained, providing the possibility to take part in special offers, competitions and similar events, and carrying out other activities described in the User Agreement and in corresponding parts of the Web.
3.3. Users agree that during processing Personal Data, the Administration is entitled to use the data in the following way: collection, systemization, gathering, storing, using, providing them to the third parties (including Partners – for the purpose of processing an order), deleting, or handling them in any other way necessary for the performance under the Agreement and for the provision of Services. Users agree that their personal data shown in their Account and Profile will be considered publicly available.
3.4. Users’ Personal Data are processed starting with the moment of the Account registration and ending with the moment when the Account is cancelled. Users are entitled to stop the process of processing their Personal Data by sending an email to: email@example.com. Their Personal Data will be then deleted from the Administration’s database of customers within 30 (thirty) workdays starting with the moment an email request from the User is delivered.
3.5. Users undertake not to publish Personal Data of other Users or any third persons without their personal consent (and to take full responsibility in case of publishing these Data).
3.6. The processing of personal data is carried out in accordance with the legislation and the policy regarding the processing of personal data.
4. Buying the Production, participation in marketing programmes and events held by the Administration
4.1. When an order is issued, the Buyer enters into a contractual relationship with the Seller regarding the Production purchase. The Seller accepts and confirms orders of the Production via the Web Services.
4.2. The relationship between the Seller and the Buyer is governed by the laws of the country in which the Seller is located and by the business terms and conditions available on the Web.
4.3. The price and the possibility to buy any piece of the Production as stated on the Web are of an informative nature and require to be confirmed by the Seller. The final price of the Production is determined by the Seller, also with regard to tax obligations and supply costs.
4.4. The Administration is not responsible for any liabilities resulting from a relationship between the Seller and the Buyer upon using the Web, or for any requests, performance or lack of performance of either the Partners or the Users.
4.5. Upon registering on the Web, Users are entitled to participate in marketing programmes and events held by the Administration, and to be provided with discounts.
4.6. Upon accepting the terms and conditions stated in the Contract, Users confirm to be familiar with and agree with the terms and conditions stated in the Marketing Plan and The Code of Ethics of the Administration.
4.7. Users’ participation in marketing events has no legal implications. By participating, Users only express their wish to cooperate with the Administration and to be provided with the Seller’s Production along with a discount from the recommended retail prices stated in the catalogue.
5. Rights and obligations of the Administration
5.1. The Web Administration has adequate rights regarding the Content of the Administration (including computer programmes that are part of the Web, databases, information materials, graphics, user interface, and other features), business names, trademarks, logos, and other distinctive signs of the Web Administration.
5.2. The Web Administration performs a routine administration of the Web, determines its structure and design, allows or limits the access of Users to the Web, and carries out other related rights.
5.3. As for enabling the cooperation among Users, Buyers and Partners, including enabling Users to independently perform certain activities within the Web, the Administration is considered an artificial person who is only responsible for providing the technical background for such a cooperation; information, graphics and other materials provided by Users to be sent, stored or accessed via the Internet, are not changed or influenced by the Administration.
5.4. The Web Administration is a desicive body when it comes to advertisements on the Web, participation in partner programmes etc.
5.5. The Web Administration isentitled to:
5.5.1. change the Web design, content, list of the Services, change or amend the scripts, software, Content and other objects used or stored on the Web, including any applications, at any time and with or without a prior notice sent to the Users;
5.5.2. delete any Content, including anything the Administration consideres to be breaching and/or potentially breaching the laws , the Agreement, rights of other Users or third parties, or to be harmful or potentially dangerous for them, without stating a reason and sending a prior notice;
5.5.3. delete any information (including User’s Personal Messages, Announcements, comments to the Announcements, other information and materials) including information published by the User on the Web, that are not in compliance with the laws or with the User Agreement.
5.5.4. suspend, limit or terminate the access of Users to all or some of the parts of the Web or Services at any time, without stating a reason and sending a prior notice;
5.5.5. delete a User’s Account, which also applies to cases when a User breaches the laws or the User Agreement;
5.5.6. send messages to the Users (also via emails, text messages, mobile applications, social networks, phonecalls, and other means of communication) to inform them about new or cancelled services, amended versions of the User Agreement, new personal messages on the User’s Profile, comments to User’s Announcements etc., including such information about the Administration services that are of an advertising nature, and advertisements of the Production or of the Partners’ services.
6. Rights and obligations of Users
6.1. Users are entitled to:
6.1.1. change settings of the Account and the Profile, change the password for the Account;
6.1.2. publish information about themselves and pictures of themselves in their Account;
6.1.3. create new Announcements, use the Services;
6.1.4. sent and receive messages;
6.1.5. use the services provided by the Administration;
6.1.6. perform other activities that are in compliance with the laws and with the User Agreement and are related to the Web usage;
6.1.7. submit orders of the Production and enter into the contractual relationship with the Seller.
6.2. Users undertake:
6.2.1. to provide valid data when registering the Account;
6.2.2. adopt measures necessary for keeping the data (user name and password) used for accessing the Account confidential, and ensure the password is not saved in the browser (also applicable if cookies are used) in case the computer may be used by other people;
6.2.3. inform the Web Administration about any cases of such activities aimed at the User that may be viewed as offensive, humiliating, discriminating etc.
6.2.4. abstain from commiting prohibited conduct as stated in Paragraph 6.3. of the User Agreement;
6.2.5. regularly check the content of the Agreement published on the Web and follow possible amendments.
6.3. It is prohibited for the Users to:
6.3.1. collect personal data of other Users;
6.3.2. use any automatic or automatized means of collecting information the Web contains;
6.3. publish on the Web or send via messages restricted (confidential) information of third persons, unless the User has the right to publish such information under the law or the Agreement;
6.3.4.publish, reproduce, copy, process, share, publish on the Web, make public, download, change, sell or use in any other way, wholly or partly, the Content of the Administration, other Users and third persons without their prior consent, unless allowed by the Agreement or the laws or unless the right holders have clearly expressed their consent for their Content to be freely used by any other person. By publishing anAnnouncement on the Web and by publishing a Content on the Web in any other way, Users confirm that they have all the rights to do that, that the Content does not and will not breach the rights and legitimate interests of the right holders and third persons, and that all required authorizations and consents of right holders and third persons were obtained in a proper and demonstrable way. It is not allowed to publish Content for which the Users do not have the rights and/or right holder’s consentas required.
6.3.5.publish on the publicly accessible part of the Web or send via Personal Messages text messages, graphics and other materials the content of which is or could be considered offensive for other Users, and messages, pictures and other materials that discredit the Users or other people, contain threats, incitements to violence, malpractices, crimes against society, immoral conduct and other conduct that is not in compliance with the rules of public order and morals;
6.3.6.publish WebAnnouncements and other materials (including fake ones) the content of which harms or may harm the honor, dignity and business reputation of a citizen or an organisation;
6.3.7.publish WebAnnouncements containing vulgarisms and vulgar expressions;
6.3.8.publish Webmaterials of a pornographic nature or containing hypertext links to websites with such materials;
6.3.9.publish personal data (including contact details) of other Users or other people on the Web without their prior consent;
6.3.10.knowingly provide false or fictitious information about themselves when registering the Account, or later change the information in that way, especially to provide first and last names that belong to other person or do not exist;
6.3.11.publish Web photos of other people or fictional characters, animals, objects, abstract pictures and any other graphics that do not capture the User that publishes them on the Web;
6.3.12. register more than one Account for the same person;
6.3.13. publish text messages, graphics and other materials containing advertisements on the publicly accessible part of the Web without a prior consent of the Web Administration, unless the advertisting materials have been approved by the Administration;
6.3.14. carry out activities aimed at destabilizing the Web, attempt to gain unauthorized access to the Web administration or to a private part of the Web (accessible only by the Web Administration), and carry out any similar activities;
6.3.15.log in into Accounts of other Users without authorization and upon generating or entering the password, or attempt to gain such unauthorized access;
6.3.16.use the Web for any commercial activities without a prior consent of the Web Administration, unless stated otherwise in the Agreement;6.3.17.send emailspam –mass mailing of commercial, political, promotional and other information (including hypertext links for websites with such information and/or websites containing malware) via Personal Messages, comments to Announcements etc., unless the Users-Recipients have given their consent to receive such information.
7. Guarantees and liability
7.1. Users undertake that when publishing Web Announcements or sending Personal Messages containing information, Content and other results of intellectual activities protected by law, including parts and copies and any other materials, they do not breach rights and legitimate interests of other people. In case a third party makes a claim regarding breaching these terms and conditions of the User Agreement upon such information and/or Content of third parties have been published, the Web Administration is entitled to provide the third party the User’s contact details the Administration has been provided with, within the extent permitted by law and for the purpose of resolving the dispute.
7.2. Users undertake to adopt adequate measures to keep the account credentials (user name and password) used for accessing the Web confidential, and to prevent third parties from logging into their Account.
7.3. The Administration keeps the messages sent by the Users via Personal Messages confidential.
7.4. By providing Users with the technical background necessary to use the Web, the Administration does not participate in creating the content of the Users’ personal pages and publishing Users’ Announcements, does not monitor their activities, does not perform automatic censorship of information published on the publicly accessible part of the Web and on personal pages of the Users or censorship of Personal Messages, and is not responsible for Users’ performance or lack of performance, as the Web information system and the related software do not offer any technical solution that would perform automatic censorship and monitoring of Users’ activities.
7.5. The Administration does not moderate information and Content added by the Users, does not have any technical means to do that, and is not responsible for the Contect published by the Users.
7.6. The Administration is not responsible for any failure or blackout of the Web and any related loss of information. The Administration is not responsible for any damage to Users’ computers, mobile phones and any other devices or softwares caused by or related to using the Web and websites accessible via hypertext links from the Web.
7.7. The Administration is not responsible for a third party cracking a User’s password and for any manipulations with the Account performed by the third party.
7.8. The Administration is not responsible for any damage, including loss of profits and damages caused by using the Web, Content and other materials accessed by the User or other person via the Web, even if the Web Administration has issued a warning or a notice that such damages may occur.
7.9. The Administration is not responsible for any damages that could occur to the User, including loss of data, after the Account or some Content has been deleted or the Services or the operation of the Web have been terminated.
7.10. The Administration does not participate in resolving disputes between Users and Partners.
7.11. Users are solely responsible for any unlawful conduct performed when using theirAccount and when publishing Content on the Web, the Profile or other part of the Web via their Account.
7.12. Users are solely responsible for any Content and other information they add to the Web or publish on the Web or via the Web in any other way. Users undertake to be solely responsible for solving claims of third parties regarding unauthorized publishing of Content and information.
7.13. If hypertext links for any websites, products and services, and any information of a commercial or non-commercial nature are published on the Web, sent by the User via Personal Messages, published on the personal page of the User or made public in any similar way, these products (services) cannot be considered recommended or approved by the Web Administration. The Administration is not responsible for any damages that occurred to the User upon clicking on such hypertext links.
7.14. Transfers to websites of third parties, software installation and usage of third parties’ services are always performed at the User’s own risk. The Agreement does not govern the relationship between the User and third parties.
7.15. In case of breaching the User Agreement, the User’s access to the Web, its parts and/or Services can be limited or denied for any period of time. The Web Administration is entitled to require that the access may be regained only upon a written request sent by the User.
7.16. The Web Administration is entitled to decide that the User’s Account will be deleted without a possibility of being recovered in the future.
8. Other provisions
8.1. The Agreement enters into force from the moment the User accepts its terms and conditions. To accept the terms and conditions, Users must tick the appropriate box when registering their Account, or perform any activity related to using the Web (authorisation, using the provided services, publishing anAnnouncement etc.). If Users do not agree with the terms and conditions stated in the User Agreement, they are required to stop using the Web and send a request for their Account to be deleted.
8.2. When the Account is deleted, all Personal Data, Announcements, Account and Profile settings and any other information within the Account are automatically deleted, too.
8.3. The Administration is entitled to unilaterally change, amend or terminate any part of the Agreement without a prior notice. The Administration is entitled to inform the Users about changes to the User Agreement or about a new valid version of the Agreement by putting a public announcement on the Web, sending Personal Messages to the Users, or by any other means the Administration consideres appropriate.
8.4. In case any rights and obligation of the Parties related to the Agreement become invalid, the current (valid) Agreement applies, unless the nature of the relationship between the
8.5. Any claims sent by a User to the Administration will be accepted and examined only if the User’s Account contains up-to-date and truthful information. As there may be several Accounts with similar registration data, the Web Administration is entitled to require additional data and information to determine which Account is connected with the claim, or to verify the Account really belongs to the person that sent the claim.
8.6. Any disputes between the contractual parties shall be resolved through negotiations. The extrajudicial resolution procedure is obligatory for all disputes related to the relationships within the User Agreement. The deadline for extrajudicial settlement of claims is 30 (thirty) work days starting with the day such a claim is received. In case the parties fail to reach consensus, the dispute will be examined and resolved by a locally competent court based on the Administration’s office, in compliance with the laws.