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Welcome to
hayasaproductions.com
We maintain this web site as a service
to our customers. By using our site, you are agreeing to
comply with and be bound by the following terms of use.
Please review the following terms carefully. If you do
not agree to these terms, you should not review
information or obtain goods or products from this site.
1. Acceptance of
Agreement.
You agree to the terms and conditions outlined in this
Terms of Use Agreement (“Agreement”) with respect to our
site (the “Site”). This Agreement constitutes the entire
and only agreement between us and you, and supersedes
all prior or contemporaneous agreements,
representations, warranties and understandings with
respect to the Site, the content, products or services
provided by or through the Site, and the subject matter
of this Agreement. This Agreement may be amended at any
time by us from time to time without specific notice to
you. The latest Agreement will be posted on the Site,
and you should review this Agreement prior to using the
Site.
2. Copyright.
The content, organization, graphics, design,
compilation, magnetic translation, digital conversion
and other matters related to the Site are protected
under applicable copyrights, trademarks and other
proprietary (including but not limited to intellectual
property) rights. The copying, redistribution, use or
publication by you of any such matters or any part of
the Site, except as allowed by Section 4, is strictly
prohibited. You do not acquire ownership rights to any
content, document or other materials viewed through the
Site. The posting of information or materials on the
Site does not constitute a waiver of any right in such
information and materials.
3. Trademarks.
Hayasaproductions.com
and others are either trademarks or
registered trademarks of
hayasaproductions.com.
Other product and company names mentioned on the Site
may be trademarks of their respective owners.
4. Limited Right to
Use.
The viewing, printing or downloading of any content,
graphic, form or document from the Site grants you only
a limited, nonexclusive license for use solely by you
for your own personal use and not for republication,
distribution, assignment, sublicense, sale, preparation
of derivative works or other use. No part of any
content, form or document may be reproduced in any form
or incorporated into any information retrieval system,
electronic or mechanical, other than for your personal
use (but not for resale or redistribution).
5. Editing, Deleting
and Modification.
We reserve the right in our sole discretion to edit or
delete any documents, information or other content
appearing on the Site.
6. Indemnification.
You agree to indemnify, defend and hold us and our
partners, attorneys, staff and affiliates (collectively,
“Affiliated Parties”) harmless from any liability, loss,
claim and expense, including reasonable attorney’s fees,
related to your violation of this Agreement or use of
the Site.
7. Nontransferable.
Your right to use the Site is not transferable. Any
password or right given to you to obtain information or
documents is not transferable.
8. Disclaimer and
Limits.
THE INFORMATION FROM OR
THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,”
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY
CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE
AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER
FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN
PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR
AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION
OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF
THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE
AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL
CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT
EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR
LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED
WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR
DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR
ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY
KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR
SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL
CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU
PAY FOR ANY GOODS, SERVICES OR INFORMATION.
9. Use of Information.
We reserve the right, and you authorize us, to the use
and assignment of all information regarding Site uses by
you and all information provided by you in any manner
consistent with our Privacy Policy.
10. Third-Party
Services.
We allow access to or advertise third-party merchant
sites (“Merchants”) from which you may purchase certain
goods or services. You understand that we do not operate
or control the products or services offered by
Merchants. Merchants are responsible for all aspects of
order processing, fulfillment, billing and customer
service. We are not a party to the transactions entered
into between you and Merchants. You agree that use of
such Merchants is AT YOUR SOLE RISK AND IS WITHOUT
WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR
OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR
PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM
THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY
INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER
SITE LINKED TO OUR SITE.
11. Third-Party
Merchant Policies.
All rules, policies (including privacy policies) and
operating procedures of Merchants will apply to you
while on such sites. We are not responsible for
information provided by you to Merchants. We and the
Merchants are independent contractors and neither party
has authority to make any representations or commitments
on behalf of the other.
12. Privacy Policy.
Our Privacy Policy, as it may change from time to time,
is a part of this Agreement.
13. Payments.
You represent and warrant that if you are purchasing
something from us or from Merchants that (i) any credit
information you supply is true and complete, (ii)
charges incurred by you will be honored by your credit
card company, and (iii) you will pay the charges
incurred by you at the posted prices, including any
applicable taxes.
14. Securities Laws.
This Site may include statements concerning our
operations, prospects, strategies, financial condition,
future economic performance and demand for our products
or services, as well as our intentions, plans and
objectives, that are forward-looking statements. These
statements are based upon a number of assumptions and
estimates which are subject to significant
uncertainties, many of which are beyond our control.
When used on our Site, words like “anticipates,”
“expects,” “believes,” “estimates,” “seeks,” “plans,”
“intends” and similar expressions are intended to
identify forward-looking statements designed to fall
within securities law safe harbors for forward-looking
statements. The Site and the information contained
herein does not constitute an offer or a solicitation of
an offer for sale of any securities. None of the
information contained herein is intended to be, and
shall not be deemed to be, incorporated into any of our
securities-related filings or documents.
15. Links to other Web
Sites.
The Site contains links to other Web sites. We are not
responsible for the content, accuracy or opinions
express in such Web sites, and such Web sites are not
investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on
our Site does not imply approval or endorsement of the
linked Web site by us. If you decide to leave our Site
and access these third-party sites, you do so at your
own risk.
16. Copyrights and
Copryright Agents.
We respect the intellectual property of others, and we
ask you to do the same. If you believe that your work
has been copied in a way that constitutes copyright
infringement, please provide our Copyright Agent the
following information:
(a)
An electronic or physical signature of the person
authorized to act on behalf of the owner of the
copyright interest;
(b)
A description of the copyrighted work 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; and
(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 owner or authorized to act on
the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright
infringement on the Site is Christian L. Rano who can be
reached as follows:
By mail:
HAYSA
PRODUCTIONS LTD
62, Athalassa Avenue,
2nd floor P.O.Box: 16012
2085 Nicosia, Cyprus
By phone: +357 22 519323
By email: hayasa@cytanet.com.cy
17. Refund Policy.
If a product purchased by you proves to be defective or
not to your reasonable satisfaction, you can return the
product within 7 days of receipt, to the following
address: 62, Athalassa Avenue,
2nd floor P.O.Box: 16012, 2085 Nicosia,
Cyprus. In such event, we will provide you a refund for
other purchases on the Site (less shipping and handling
charges incurred). This Section 17 sets forth your sole
and exclusive right to refund and return.
18. Information and
Press Releases.
The Site contains information and press releases about
us. While this information was believed to be accurate
as of the date prepared, we disclaim any duty or
obligation to update this information or any press
releases. Information about companies other than ours
contained in the press release or otherwise, should not
be relied upon as being provided or endorsed by us.
19. Miscellaneous.
This Agreement shall be treated as though it were
executed and performed in Kenosha, Wisconsin, and shall
be governed by and construed in accordance with the laws
of the State of Wisconsin (without regard to conflict of
law principles). Any cause of action by you with respect
to the Site (and/or any information, products or
services related thereto) must be instituted within one
(1) year after the cause of action arose or be forever
waived and barred. All actions shall be subject to the
limitations set forth in Section 8 and Section 10. The
language in this Agreement shall be interpreted as to
its fair meaning and not strictly for or against either
party. All legal proceedings arising out of or in
connection with this Agreement shall be brought solely
in Kenosha, Wisconsin. You expressly submit to the
exclusive jurisdiction of said courts and consents to
extra-territorial service of process. Should any part of
this Agreement be held invalid or unenforceable, that
portion shall be construed consistent with applicable
law and the remaining portions shall remain in full
force and effect. To the extent that anything in or
associated with the Site is in conflict or inconsistent
with this Agreement, this Agreement shall take
precedence. Our failure to enforce any provision of this
Agreement shall not be deemed a waiver of such provision
nor of the right to enforce such provision.
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