TERMS AND CONDITIONS

These Terms and Conditions govern your use (subscriber’s use either registered or being at the guest status) of the websites, content, software, any related information and services offered through the Site (as it is defined hereof).

Your affirmative act of using Site signifies that you agree to the following Terms and Conditions, you consent to the information practices disclosed in the Privacy Policy and you consent to receive required notices and to transact with us electronically.

IF YOU DO NOT AGREE, PLEASE DO NOT USE SITE!

Definitions

“Site” shall mean the website www.Eurovisiontalents.com, which is provided by EuroMedia Company (referred also as "we", "us" hereof); is the interactive on-line service, consisting of information services and content (concerning Eurovision Song Contest 2010, the artist(-s) and the song(-s) to be performed on the Eurovision Song Contest 2010 and national selections for Eurovision Song Contest 2010, biographies, information on entrant for Eurovision Song Contest 2010 and other Content).

“Content” shall mean all and any information, posted on the Site, including, but not limiting, all and any text, sound, video, images, trademarks, logos etc.

1. CHANGES TO THE TERMS AND CONDITIONS.

We may change these Terms and Conditions at any time. You can review the most current version of these terms by clicking on the "Terms and Conditions" hypertext link located at the bottom of our web pages. You are responsible for checking these Terms and Conditions periodically for changes. If you continue to use Site after we post changes to these Terms and Conditions, you are signifying your acceptance of the new Terms and Conditions.

2. REGISTERED USERS.

Certain enhanced services, such as e-mail or online services, are available only to registered users of the Site network and require you to sign in with a screen name (e.g. Username) to use them. Your use of these enhanced services as a registered user of the Site You will be given the opportunity to receive additional information of the Site when you sign up for any enhanced service that requires registration.

3. ADDITIONAL TERMS.

Certain areas of Site, such as web-sites where you can upload or download files, may include usage guidelines and rules that will supplement these Terms and Conditions. By using those services on Site, you agree to comply with such guidelines and rules.

4. ELECTRONIC DELIVERY POLICY AND YOUR CONSENT.

You agree that we may provide to you required notices, agreements and other information concerning Site electronically. We will post the notices on the home page of Site or on the relevant web page of the applicable service. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of Site.

5. CHANGES TO SITE.

We may discontinue or change any service or feature on Site at any time at our own discretion and without notice.

6. ACCESS COSTS.

You must provide at your own expense the equipment and Internet connections that you will need to access and use Site. If you access Site through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, if you access Site through wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, web browsing, messaging and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access Site through any wireless or other communication service.

7. YOUR RESPONSIBILITIES.

You may use Site for lawful purposes only. You may not submit or transmit through Site any material, or otherwise engage in any conduct that: (1) violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright and/or any and all intellectual property rights, publicity or other proprietary rights, (2) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts, (3) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability, (4) impersonates any person, business or entity, including EuroMedia Company, Site and its employees, agents and affiliated entities and parties, (5) contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network, (6) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability, (7) violates these Terms and Conditions, guidelines or any policy posted on Site, or (8) violates Ukrainian legislation, (9) interferes with the use of Site by others. You may not use Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of Site. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms and Conditions.

8. NO SPAM.

You may not use Site or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use Site to violate the terms of this section. We may terminate your access or use of Site immediately and take any other legal action if you, or anyone using your access to Site, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining with in our computer or communications networks.

9. PROPRIETARY RIGHTS.

We, our suppliers, partners, customers, sub-contractors and our users who lawfully post text, messages, information, software, images, audio and video and Content on Site own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our colour combinations, button shapes, trademarks, design and other graphical elements on Site are in our property. THE SITE DATA, AS WELL AS THE SITE FORMAT, ALL THE PROPRIETY RIGHTS RELATED TO THE FORMAT OF THE SITE AND THE SITE CONTENT ARE IN THE SOLE PROPERTY OF EuroMedia Company. FOR ANY REQUEST FOR SITE FORMAT LICENCE PLEASE CONTACT This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

10. LICENSE TO USE SITE.

You may use Site and the Content offered on Site only for personal, non-commercial purposes. You may use Content offered for downloading, such as images, texts, logos, links, sounds, videos, messages, test, photos, music and other information, for personal use only and subject to the rules that accompany that particular Content. You may not use the Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of Site or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.

11. CONTENT YOU POST TO PUBLIC AREAS.

Certain areas of Site may allow you to post Content that can be accessed and viewed by others, including the public in general. You may only post Content to public areas on Site that you created or that you have permission to post. You may not post Content that violates these Terms and Conditions. We do not claim ownership of any Content that you may post. However, by submitting Content to public areas of Site, you grant us, our partners, customers, sub-contractors, affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this Content in any medium for any purpose.

12. NO DUTY TO MONITOR.

You agree that we are not liable for Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible and liable for any failure or delay in removing such material.

13. PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT.

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on Site in a way that constitutes copyright or any other intellectual property rights infringement, please contact us to report possible copyright infringement.

14. THIRD PARTY SITES; ADVERTISERS.

Site may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on Site are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.

15. DISCLAIMER OF WARRANTIES.

We provide Site "as it is", "with all faults" and "as available". We and our suppliers, partners, customers, sub-contractors and affiliates make no express warranties or guarantees about Site. To the extent permitted by law, we and our suppliers, partners, customers, sub-contractors and affiliates disclaim implied warranties that Site, its content and services distributed through Site are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We do not guarantee that Site will meet your requirements, is error-free, reliable, without interruption or available at all times. We do not guarantee that the results that may be obtained from the use of Site, including any support services, will be effective, reliable, accurate or meet your requirements. We do not guarantee that you will be able to access or use Site (either directly or through third-party networks) at times or locations of your choosing. No oral or written information or advice given by any Site representative(-s) shall create a warranty.

16. LIMITATION OF LIABILITY.

Your exclusive remedy regarding any information and/or software provided by us shall be the replacement of any such information and/or software found to be defective. Your sole and exclusive remedy for any other dispute with us is to discontinue your use of Site. We, our suppliers, partners, customers, sub-contractors and affiliates shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon Site. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. For jurisdictions where the exclusion or the limitation of liability is not allowed for consequential or incidental damages, in such jurisdictions, our liability, and the liability of our suppliers, partners, customers, sub-contractors and affiliates, shall be limited to the extent permitted by law.

17. INDEMNIFICATION.

Upon a request by us, you agree to defend, indemnify, and hold harmless us and our suppliers, partners, customers, sub-contractors and affiliates, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of Site. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

18. INTERNATIONAL USE.

We make no representation that Content on Site is appropriate or available for use in locations outside Ukraine, and accessing it from territories where the Content is illegal is prohibited. If you choose to access Site from a location outside Ukraine, you do so on your own initiative and you are responsible for compliance with local laws.

19. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.

You agree that the laws of Ukraine govern this contract and any claim or dispute that you may have against us, without regard to conflict of Ukraine laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in Ukraine and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Please note that by agreeing to these Terms and Conditions, you are: (1) waiving claims that you might otherwise have against us based on the laws of other jurisdictions, including your own; (2) irrevocably consenting to the exclusive jurisdiction of, and venue in courts in Ukraine over any disputes or claims you have with us; and (3) submitting yourself to the personal jurisdiction of courts located in Ukraine for the purpose of resolving any such disputes or claims.

20. SEVERABILITY AND INTEGRATION.

This Terms and Conditions and any supplemental terms, policies, rules and guidelines posted on Site constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, our original intentions, and the remaining portions shall remain in full force and effect.

21. TERMINATION.

Your right to use Site automatically terminates if you violate these Terms and Conditions or any rules or guidelines posted in connection with Site. We also reserve the right, in our sole discretion, to terminate your access to all or part of Site, for any reason, with or without notice.