KRER.EU (the “Website”) is owned and operated by Kiev Real Estate Recovery Fund K.F. Limited (“Kiev Real Estate Recovery Fund K.F. Limited” or “we”). By using any services offered on the Website (the “Services”) or accessing the Website, you agree to be bound by these Terms of Use.
To the extent applicable, these Terms of Use apply to all users of the Website (“Users”). Kiev Real Estate Recovery Fund K.F. Limited reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Kiev Real Estate Recovery Fund K.F. Limited grants Users a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
Additional terms and conditions may apply to the use of Services and to specific portions or features of the Website, including promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such Service or feature. If there is a conflict between these Terms of Use and the terms posted applicable to a specific portion of the Website, or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific Service.
A. Registration
1. In order to have access to certain features of the Website, you may be required to register in accordance with these Terms of Use and applicable law. You may never use an Account that is created by another User.
2. When registering, you agree to only provide accurate and complete information.
3. You are solely responsible for the activity that occurs on your Account. You must notify Kiev Real Estate Recovery Fund K.F. Limited immediately of any breach of security or unauthorized use of your Account. Although Kiev Real Estate Recovery Fund K.F. Limited will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of Kiev Real Estate Recovery Fund K.F. Limited or others relating to any such unauthorized use.
4. Either you or Kiev Real Estate Recovery Fund K.F. Limited may at any time, terminate your Account, for any reason or no reason, with or without notice.
5. To request an Account you must be legally capable of entering into binding contracts.
6. Each User shall be liable for all activities that are undertaken using his or her Account.
7. Kiev Real Estate Recovery Fund K.F. Limited hereby grants to you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for the purposes expressly agreed upon by Kiev Real Estate Recovery Fund K.F. Limited; (ii) you will not copy or distribute any part of the Website in any medium; (iii) you will not alter or modify any part of the Website; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.
8. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the Website servers in a given period of time quicker than a human could reasonably produce in the same period by using a conventional on-line web browser.
9. You agree to use the Website and/or the Services only in a manner consistent with any and all applicable laws and regulations, and these Terms of Use.
10. You agree that you will not post any telephone numbers, street addresses, last names, URLs or email addresses that do not belong to you unless otherwise expressly permitted by Kiev Real Estate Recovery Fund K.F. Limited.
B. Intellectual Property
1. Trademarks – General. Kiev Real Estate Recovery Fund K.F. Limited, as well as other names and marks so notified in the Web Site are trademarks of Kiev Real Estate Recovery Fund K.F. Limited (“Kiev Real Estate Recovery Fund K.F. Limited Marks”). Other company or product names are the trademarks or registered trademarks of their respective holders. No transfer or grant of any rights under any names, marks or logos is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site, and all rights in such names, marks or logos is reserved by Kiev Real Estate Recovery Fund K.F. Limited and/or respective holders.
2. Trademarks – Use of. You may use Kiev Real Estate Recovery Fund K.F. Limited Marks or product names to refer to Kiev Real Estate Recovery Fund K.F. Limited products and services, provided you follow the following guidelines whenever Kiev Real Estate Recovery Fund K.F. Limited Marks appear:
a. Your use of Kiev Real Estate Recovery Fund K.F. Limited Marks must not mislead consumers or imply as to any Kiev Real Estate Recovery Fund K.F. Limited sponsorship, affiliation, or endorsement of your company, or your products or services.
b. You should not use Kiev Real Estate Recovery Fund K.F. Limited Marks, or any other trademarks, service marks, logos, or trade names of Kiev Real Estate Recovery Fund K.F. Limited, or any word, symbol, or design confusingly similar thereto, as part of your (i) corporate name; or (ii) as part of the name of any of your product/service or third party’s products/services; or (iii) as part of your internet address, domain name, meta tags, or any other similar designations.
c. In any material in which the Kiev Real Estate Recovery Fund K.F. Limited Marks appear, a notice in the following format will be added: “Kiev Real Estate Recovery Fund K.F. Limited and the Kiev Real Estate Recovery Fund K.F. Limited logo, are trademarks of Kiev Real Estate Recovery Fund K.F. Limited”.
d. All Kiev Real Estate Recovery Fund K.F. Limited Marks must incorporate the exact and consistent style, type specifications and capitalization as instructed by Kiev Real Estate Recovery Fund K.F. Limited, without any variations of same.
e. The Kiev Real Estate Recovery Fund K.F. Limited Marks shall be used as an adjective followed by the generic term for the product/service.
f. These guidelines are not a definitive statement of proper brand and trademark use. Kiev Real Estate Recovery Fund K.F. Limited reserves the right to oppose any uses of Kiev Real Estate Recovery Fund K.F. Limited Marks that Kiev Real Estate Recovery Fund K.F. Limited, in its sole discretion, deems unlawful or improper, even if such use is not expressly prohibited hereunder. Kiev Real Estate Recovery Fund K.F. Limited further reserves the right to revise these guidelines at any time, without notice.
C. Disclaimer
Exclusions and Limitations.
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, Kiev Real Estate Recovery Fund K.F. Limited:
* excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or Kiev Real Estate Recovery Fund K.F. Limited literature; and
* excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised Kiev Real Estate Recovery Fund K.F. Limited of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
D. Miscellaneous
1. User Disputes. You are solely responsible for your interactions with other Users. Kiev Real Estate Recovery Fund K.F. Limited reserves the right, but has no obligation, to monitor disputes between you and other Users.
2. Eligibility. Using the Services is void where prohibited. You represent and warrant that you are of legal age to use our services in your location.
3. Registration. You may be required to open an Account in order to access some or all of the Services. To do so, you may be required to create a username and password, to agree to these terms and conditions and to provide your email address. You may be required to provide additional information and complete additional registration steps.
4. Commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of Account privileges, which is without limitation to any other legal action that may be taken by Kiev Real Estate Recovery Fund K.F. Limited.
5. Disclaimers. Kiev Real Estate Recovery Fund K.F. Limited is not responsible for any incorrect or inaccurate content posted on the Website or in connection with any of the Services provided, whether caused by Users or by any of the equipment or programming associated with or utilized in any of the Services. Kiev Real Estate Recovery Fund K.F. Limited is not responsible for the conduct, whether online or offline, of any User. Kiev Real Estate Recovery Fund K.F. Limited assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any of the Services or Products. Kiev Real Estate Recovery Fund K.F. Limited is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or User due to technical problems or traffic congestion on the Internet or at any of the Services or combination thereof, including any injury or damage to users and/or Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Services or Products. Under no circumstances shall Kiev Real Estate Recovery Fund K.F. Limited be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Services or from any content posted on the Website or transmitted to Users, or any interactions between Users, whether online or offline. THE WEBSITE AND THE SERVICES ARE PROVIDED “AS-IS,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, AND Kiev Real Estate Recovery Fund K.F. Limited EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. Kiev Real Estate Recovery Fund K.F. Limited DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE, OR THE SERVICES.
6. Limitation on Liability. IN NO EVENT SHALL Kiev Real Estate Recovery Fund K.F. Limited OR ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR UNDER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND ANY OF THE SERVICES, EVEN IF Kiev Real Estate Recovery Fund K.F. Limited HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Kiev Real Estate Recovery Fund K.F. Limited’ LIABILITY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO Kiev Real Estate Recovery Fund K.F. Limited FOR THE SERVICES DURING THE TERM OF YOUR ACCOUNT.
7. Dispute Resolution. All claims, disputes and causes of action arising out of, or related to your use of the Website or your interactions with Kiev Real Estate Recovery Fund K.F. Limited, shall be resolved pursuant to this Dispute Resolution provision. This provision may only be waived with a writing signed by you and an officer of Kiev Real Estate Recovery Fund K.F. Limited. Prior to initiating an action against Kiev Real Estate Recovery Fund K.F. Limited, you agree to negotiate individually with an authorized representative of Kiev Real Estate Recovery Fund K.F. Limited, in good faith, for thirty days. You may initiate negotiations by providing notice pursuant to the Notices section of these Terms and Conditions. Upon the expiration of this thirty-day period, if no agreement has been reached, you agree to submit to binding arbitration, on an individual basis and not as the member or representative of a class. In any such arbitration, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Any court of competent jurisdiction may enforce an award of the panel. Each party shall evenly divide the administrative costs of the arbitration. Each party shall bear its own responsibility for paying its attorney fees, expert fees, and other expenses. The arbitrator is empowered to grant whatever relief would be available in court under law or in equity. To the maximum extent permitted by law, the parties agree that the arbitration award shall not include consequential or punitive damages but shall only award the aggrieved party the actual damages sustained.
8. Governing Law. This Agreement will be governed by and construed in accordance with the laws of Cyprus without regard to conflict of laws provisions, the actual province, state or county of execution or loss or any different provincial laws that may govern these Terms of Use. To the extent that both parties agree in a signed writing to waive arbitration pursuant to the previous Dispute Resolution paragraph, THE Cyprus COURTS (Provincial AND FEDERAL), SHALL HAVE SOLE JURISDICTION OF ANY AND ALL CONTROVERSIES ARISING OUT OF OR RELATED TO THIS AGREEMENT; ANY ACTION OR OTHER PROCEEDING WHICH INVOLVES SUCH A CONTROVERSY SHALL BE BROUGHT SOLELY IN COURTS IN Cyprus AND NOT ELSEWHERE. THE PARTIES WAIVE ANY AND ALL OBJECTIONS TO VENUE IN THOSE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.
9. Notices. All notices of Disputes, or otherwise required, shall be made in writing and sent via Certified Mail Return Receipt Requested or via a reputable overnight carrier, with proof of delivery to Kiev Real Estate Recovery Fund K.F. Limited. Notices shall be deemed received as of the date indicated on the return receipt or delivery confirmation, as applicable.
10. Indemnity. You agree to indemnify and hold Kiev Real Estate Recovery Fund K.F. Limited, its subsidiaries, members, managers, affiliates, officers, agents, lawyers, accountants, licensors, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website or any of the Services in violation of these Terms of use; arising from your breach of these Terms of Use; arising from your violation of applicable law or court order; and/or arising from your negligence.
11. Void Where Prohibited. Kiev Real Estate Recovery Fund K.F. Limited administers and operates the Website from its location; other Kiev Real Estate Recovery Fund K.F. Limited sites may be administered and operated from various locations outside Cyprus. Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside Cyprus. Kiev Real Estate Recovery Fund K.F. Limited reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on Kiev Real Estate Recovery Fund K.F. Limited is void where prohibited. If you choose to access the Website from outside Cyprus, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
12. Privacy Policy. Please carefully read our Privacy Policy, the terms of which are hereby incorporated by this reference.
13. Other. Except for any additional written agreement(s) between you and Kiev Real Estate Recovery Fund K.F. Limited, these Terms of Use constitute the entire agreement between you and Kiev Real Estate Recovery Fund K.F. Limited regarding the use of the Website and/or any of the Services. The failure of Kiev Real Estate Recovery Fund K.F. Limited to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. All rights not expressly granted to you in these Terms of Use are reserved to Kiev Real Estate Recovery Fund K.F. Limited and/or its licensors. This Agreement is not assignable or transferable or sublicensable by you except with Kiev Real Estate Recovery Fund K.F. Limited’s prior written consent. Kiev Real Estate Recovery Fund K.F. Limited may transfer, assign or delegate these Terms of Use and its rights and obligations without consent. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding these Terms of Use.