Terms of Use

We are glad that you have found your way onto our Internet portal http://www.russula.com/ (hereinafter referred to as the "Russula Web Site" or "Web Site"). We hope that you will benefit from what we have to offer and that you (the "User(s)") will find many suggestions for your business. Please take some time to read the following thoroughly. You can save or print this text via mouse-click.

1. General

Any and all use of the Russula Web Site is subject to these Terms of Use. Russula reserves the right to amend, modify or replace these Terms of Use at any time and without further notice. Upon logging in, or where a log-in is not required, on accessing or using the Russula Web Site, you are accepting these Terms of Use in their current version as a basis for the use of this Web Site. Any and all use of the Russula Web Site shall be at your own risk.

2. Accessibility of Russula Web Site

User acknowledges that Russula expressly excludes any liability for the continuous availability of the Web Site. Russula additionally reserves the right to fully or partly stop operating and/or providing this Web Site or to limit the access to it at any time and without further notice.

3. Use of the Russula Web Site and the Contents and Information Provided

Unless stated otherwise, all information made public by Russula will be provided to the User free of charge. Every User may use the information provided for his/her own personal needs. Any other use of the information, especially any type of replication, alteration or integration into any type of publication or advertisement shall only be permitted with prior consent from Russula or from the owner of the particular information to be used. Russula specifically draws Users’ attention to the fact that contents and information may be subject to protective rights; any such protective rights (esp. names and trademarks) shall remain the sole property of Russula at all times.

ll information has been carefully collected and checked by Russula and is, to the best of Russula’s knowledge and belief, correct. To the extent any information originates from a third party, Russula has adopted it without altering it in any way. Each User shall be responsible for checking that the third party information is correct, complete and/or up-to-date. Russula’s liability for any harm caused by incorrect, incomplete or missing information, as well as any liability for harm resulting out of any possible misinterpretation by a User of the supplied information, shall be limited to gross negligence or intentional behavior by Russula.

In addition, while accessing and/or using the Russula Web Site, the User shall ensure not to engage in any of the following activities:

violate any intellectual property right or any other proprietary right;
upload any contents containing a virus, a Trojan horse, or any other program that could damage data;
ransmit, store or upload hyperlinks or contents to which the User is not entitled, in particular, in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
distribute advertising, unsolicited e-mails or other spam, inaccurate warnings of viruses, defects or similar material
solicit or request the participation in any lottery, snow-ball system, chain letter, pyramid game or similar activity

Russula shall not be liable for any harm or damages that may arise as the result of the User’s misconduct in connection with the User’s use of the information supplied on the Russula Web Site.

4. Links / Contents and Information of Third Parties

The Russula Web Site may contain links and references to the web pages of third parties. Russula does not have control over the information or content of such web pages and does not make any representations about or endorse such web pages or the content thereof as its own. Russula shall have no liability with regard to the content of such web pages.

Russula shall have no liability with regard to the accuracy, quality or completeness of any third party information provided on the Russula Web Site which is expressly designated as third Party information, including any information supplied by any of Russula’s sales partners.

5. Important Notice on Computer Viruses

Although Russula makes every effort to keep the Russula Web Site free from viruses, Russula cannot provide any guarantee that it is virus-free. User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information or software.

6. Rules on Password Use and Responsibilities

It shall be User’s sole responsibility to secure any passwords required for use of the Web Site and to avoid any misconduct with regard to the use of such passwords. If User discovers that his/her password has unintentionally been made accessible to any unauthorized/third party or that any other danger of misuse exists, User shall immediately inform Russula. Russula shall then take measures to block the respective password, provided, however, that Russula shall not be liable in contract, tort or under any other potentially applicable legal theory, for any damages resulting from the abuse of passwords, unless such abuse was caused as a result of the intentional behavior or gross negligence of a Russula employee or a third party acting on behalf of Russula.

Russula reserves the right, at any time and without having to indicate any reasons, to cancel or limit User’s right to access the password-protected area by blocking its User data.

7. Limitation of Liability

Russula shall not be liable for any consequential damages, especially lost profits, cancellation of operations, interruption of operations or loss of data. To the extent that liability can be excluded or limited under applicable law, but has not yet been so excluded or limited elsewhere within these terms, it is hereby limited to EUR 10,000 per incident, up to an aggregate maximum sum of € 50,000.

8. Jurisdiction / Applicable Law

The Russula Web Site is operated and administered only in and for countries in which Russula has a physical business presence. Russula makes no representation that information, software and/or documentation on the Russula Web Site are appropriate or available for viewing or downloading at locations in other countries world-wide. If Users access the Russula Web Site from other countries, they themselves are exclusively responsible for compliance with all local laws. Access to the Web Site's information, software and/or documentation from countries where such content is unlawful is expressly prohibited.

These Terms of Use shall be governed by the laws of [Spain]. The place of jurisdiction for all disputes arising out of or in connection with these Terms of Use shall be [Madrid, Spain].

© Russula
Version: TD 05.07.2007