2. Accepting the Terms

2.1. In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2. You can accept the Terms by having set a checkbox "I agree with conditions" during registration of your username.

2.3. You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with DESTLINE, or conditions of the given Agreement contradict the legislation of your country.

3. Provision of the Services by DESTLINE

3.1. DESTLINE constantly improves the software specified a web-sites, introduces new development. These changes are called to give the best opportunities of Services for its users. You acknowledge and agree that the form and nature of the Services which DESTLINE provides may change from time to time without prior notice to you.

3.2. In connection with process of perfection of services and introductions of new development, you acknowledge and agree that DESTLINE may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at DESTLINE’s sole discretion, without prior notice to you.

3.3. You may stop using the Services at any time. You do not need to specifically inform DESTLINE when you stop using the Services.

3.4. You acknowledge and agree that if DESTLINE disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

3.5. You acknowledge and agree that while DESTLINE may not currently have set a fixed upper limit on the number of orders you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by DESTLINE at any time, at DESTLINE’s discretion.

3.6. DESTLINE have the right to grant paid services, contents and cost of which's are defined by the separate agreement.

4. Use of the Services by you

4.1. In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to DESTLINE will always be accurate, correct and up to date.

4.2. You agree to use the Services only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

4.3. You agree not to access (or attempt to access) any of the Services by any means other than through the user interface a web-sites or the software for the sites given DESTLINE.

4.4. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

4.5. You agree that you will not reproduce, copy, duplicate, sell, trade or resell the Services for any purpose.

4.6. You agree that you are solely responsible for (and that DESTLINE has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which DESTLINE may suffer) of any such breach.

5. Your passwords and account security

5.1. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

5.2. In connection with item 5.1, you agree that you will be solely responsible to DESTLINE for all activities that occur under your account.

5.3. If you become aware of any unauthorized use of your password or of your account, you agree to notify DESTLINE immediately at contact@destsale.com.

6. Content in the Services

6.1. You understand that the responsibility for any information placed on a web-sites DESTLINE (such as orders of users, descriptions of sites in the catalogue, descriptions of suppliers) to which you can have access as to a part of Services, bears the person who has given such information. All such information is referred to below as the “Content”.

6.2. You understand, that a Content, given to you as a part of Services, can be intellectual property of its authors. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by DESTLINE or by the owners of that Content, in a separate agreement.

6.3. DESTLINE reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.

6.4. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

6.5. You agree that you are solely responsible for (and that DESTLINE has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which DESTLINE may suffer) by doing so.

7. Proprietary rights

7.1. You acknowledge and agree that DESTLINE own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

7.2. Nothing in the Terms gives you a right to use any of DESTLINE’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features otherwise than as parts of the user-interface for reception of the Content.

8. Ending your relationship with DESTLINE

8.1. The Terms will continue to apply until terminated by either you or DESTLINE as set out below.

8.2. You may terminate your legal agreement with DESTLINE by closing your accounts for all of web-sites of DESTLINE which you use.

8.3. DESTLINE may at any time, terminate its legal agreement with you if:

• You have breached any provision of the Terms;
• DESTLINE is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);
• DESTLINE is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service;
• The provision of the Services to you by DESTLINE is, in DESTLINE’s opinion, no longer commercially viable.

8.4. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and DESTLINE have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.

9. EXCLUSION OF WARRANTIES

9.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”

9.2. IN PARTICULAR, DESTLINE DO NOT REPRESENT OR WARRANT TO YOU THAT:

• YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
• YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
• ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE;
• THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

9.3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DESTLINE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

9.4. DESTLINE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

10. LIMITATION OF LIABILITY

10.1. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT DESTLINE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

10.2. SUBJECT TO OVERALL PROVISION IN PARAGRAPH 10.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT DESTLINE SHALL NOT BE LIABLE TO YOU FOR:

• ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
• ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

• ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
• ANY CHANGES WHICH DESTLINE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
• THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
• YOUR FAILURE TO PROVIDE DESTLINE WITH ACCURATE ACCOUNT INFORMATION;
• YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

10.3. THE LIMITATIONS ON DESTLINE’S LIABILITY TO YOU IN PARAGRAPH 10.2 ABOVE SHALL APPLY WHETHER OR NOT DESTLINE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

11. Advertisements

11.1. Some of the Services are supported by advertising revenue and may display advertisements and promotions.

11.2. The manner, mode and extent of advertising by DESTLINE on the Services are subject to change without specific notice to you.

11.3. In consideration for DESTLINE granting you access to and use of the Services, you agree that DESTLINE may place such advertising on the Services.

12. Other content

12.1. The Services may include hyperlinks to other web sites or content or resources. DESTLINE may have no control over any web sites or resources which are provided by companies or persons other than DESTLINE.

12.2. You acknowledge and agree that DESTLINE is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

12.3. You acknowledge and agree that DESTLINE is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

13. General legal terms

13.1. When you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

13.2. The Terms constitute the whole legal agreement between you and DESTLINE and govern your use of the Services (but excluding any services which DESTLINE may provide to you under a separate written agreement), and completely replace any prior agreements between you and DESTLINE in relation to the Services.

13.3. You agree that DESTLINE may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

14. Changes to the Terms

14.1. DESTLINE may make changes to the Terms from time to time.

14.2. You understand and agree that in spite of the fact that DESTLINE undertakes to notify you on changes in Terms that or a different way, it does not bear the responsibility for delivery to you of these notifications and your direct acquaintance with them.

14.3. You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, DESTLINE will treat your use as acceptance of the updated Universal Terms or Additional Terms.

15. Language of the Terms

15.1. Where DESTLINE has provided you with a translation of the Russian language version of the Terms, then you agree that the translation is provided for your convenience only and that the Russian language versions of the Terms will govern your relationship with DESTLINE.

15.2. If there is any contradiction between what the Russian language version of the Terms says and what a translation says, then the Russian language version shall take precedence.

Jun 10,  2009