1. GENERAL TERMS
Your use of this website including all services, tools and website (collectively “CMO Website”) is subject to your irrevocable acceptance without modification of these Terms of Use (the “Terms”) and Privacy Policy. You agree to use CMO Website in accordance with and subject to these Terms.
The Terms as set out hereunder constitute the entire agreement between you and CMO Website (“CMO Website”, “we”, “us” or “our”).. By accessing any part of CMO Website, you consent to be bound by these Terms.
Your use of CMO Website is subject to the Terms in effect at the time of your use. We reserve the right to update and change the Terms from time to time without notice or acceptance by you, so please check this page frequently for updates and changes.
By making any use of CMO Website, you signify your irrevocable acceptance of the Terms and Privacy Policy in effect at the time of your use.
If you are an individual acting as a representative of a corporation or other legal entity which wishes to use CMO Website, then you represent and agree that you have the authority to accept the Terms and Privacy Policy on behalf of such corporation or other legal entity and that all provisions of the Terms and Privacy Policy will bind that corporation or other legal entity as if it were named in the Terms and Privacy Policy in place of you.
This website is fully in line with the Law No. 08/L -022 on Electronic Identification and Trust Services in Electronic Transactions, which was promulgated by Decree No. DL-196/2021 dated 17.12.2021 by the President of the Republic of Kosovo.
This law regulates several matters, including the identification method and electronic identification schemes; the conditions on the use of electronic signature, electronic seal, electronic time; stamp and equipment for creating stamps; electronic registered delivery service for judicial proceedings and other proceedings; conditions for issuing and using qualified certificates for service certification and website authentication; trust services in electronic transactions and electronic documents.
For the purposes of CMO Website, these terms are fully in line with the requirements of an electronic identification scheme and assurance levels of electronic identification schemes stipulated in the Law No. 08/L -022 on Electronic Identification and Trust Services in Electronic Transactions.
This CMO Website is fully in line with the law no. 06/l –082 on protection of personal data, which determines the rights, responsibilities, principles and punitive measures with respect to the protection of personal data and privacy of individuals. This Law determines responsibilities of the institution responsible for monitoring the legitimacy of data processing and access to public documents.
2. ADDITIONAL SOFTWARE TERMS AND CONDITIONS
With respect to any additional software that may be made available by us in connection with CMO Website, if you elect to download or access such additional software through the Internet, you understand that you may have to agree to additional terms and conditions before you use such software.
You also may be subject to additional terms and conditions that may apply when you use affiliated or other CMO Website services, third-party content or third-party software.
3. INTERSTATE AND INTERNATIONAL USE
In using CMO Website to send electronic communications, and as a result of our network architecture and business practices and the nature of electronic communications in general, you acknowledge that your communications may constitute interstate or international communications and/or data transmissions regardless of where you are physically located at the time of use.
CMO Website is hosted in the Kosovo at the and managed by the Information Society Agency (Agjencia e Shoqerise se Informacionit). If you use CMO Website from outside of the Kosovo, you are voluntarily transferring information (potentially including personally identifiable information) and content to the Kosovo and agreeing that our collection, use, storage and sharing of your information and content is exclusively subject to the laws of the Kosovo, not of the jurisdiction in which you are located.
You will comply with all Kosovo laws, rules and regulations applicable to the export of products, services, software and technical data regardless of the jurisdiction in which you are located.
4. ADVERTISING AND ADVERTISERS
CMO Website may include advertisements. We reserve the right to include advertisements in different versions and/or in different service levels of CMO Website at our discretion.
5. LINKS
CMO Website may provide, or third parties may provide, links to other content, products, services or Web properties, which are not owned or operated by us. Because we have no control over such content, products, services or Web properties, we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. We will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, services or Web properties.
6. RESALE OF CMO WEBSITE
You will not reproduce, duplicate, copy, sell, resell or exploit any portion of CMO Website, use of CMO Website, or access to CMO Website without the express permission by CMO Website.
7. CONFIDENTIAL INFORMATION AND PROPRIETARY RIGHTS
The information, content, graphics, text, sounds, images, buttons, trademarks, service marks, trade names and logos (“Materials”) contained in this Site are protected by copyright, trademark, database right, sui generis right and other intellectual property laws under national laws and international treaties. CMO Website or its licensors (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials. You are not allowed tomodify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Materials, software, products or services obtained from us. Other than expressly provided herein, nothing in these terms and conditions shall be construed as inferring by implication or otherwise any license or right under any copyright, trademark, database right, sui generis right or other intellectual property or proprietary interest of CMO Website, its licensors or any third party. Any persons breaching any of this provision will be prosecuted.
Content contained in sponsor advertisements or information presented to you through CMO Website or advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you will not modify, rent, lease, loan, sell, distribute or create derivative works based on CMO Website, any necessary software used in connection with CMO Website, or any advertiser’s content, in whole or in part.
We do not want to receive confidential or proprietary information from you through CMO Website or by email. Unless otherwise agreed in writing by an authorized CMO Website representative, any material, information or idea you transmit to us by any means may be disseminated or used by us or our affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to content or to your personal information that is subject to the Privacy Policy.
8. NOTICE OF AND PROCEDURE FOR COPYRIGHT INFRINGEMENT
We respects other’s intellectual and proprietary rights. In accordance with the Kosovo Copyright Law, CMO Website has designated an officer within the Ministry. If you believe that your copyrighted material has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on CMO Website or on sites linked to or from CMO Website, please send CMO Website’s Designated Officer a notice containing the following elements:
a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;
b) A description of the copyrighted work(s) that you claim is/are infringing and the location where the original or an authorized copy of the copyrighted work(s) exists/exist (for example, the URL of website where the copyrighted work(s) is/are lawfully published; the name, edition and page(s) of a book, etc.);
c) A description of where the material that you claim is/are infringing is/are located on CMO Website, such as the URL of the webpage or screenshot within a mobile app, so that we can locate the material;
d) Your address, telephone number and email address;
e) A statement that you have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and
f) A statement by you, under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Send the notice containing the above information to the following Designated Officer:
Name of Designated Agent: Alush Sadikaj
Capacity Building for Kosovo in relation to the EU Common Market Organisation and Agricultural Statistics
CMO Website
Street Rr. Idriz Giljani 68
Prishtine, 10000, Kosove
Telephone number: +383 49 859 192
E-mail Address: alush.sadikaj.cmo@gmail.com
9. WARRANTIES, DISCLAIMERS AND LIMITATIONS OF LIABILITY
CMO Website and all its content is made available to you on an “as is” basis.
CMO Website makes no warranties, representations, or conditions of any kind, express, statutory or implied as to:
- the operation and functionality of the site,
- the accuracy, integrity, completeness, quality, legality, usefulness, safety, and ip rights of any of the content, including but not limited to the accuracy of guest write-ups and hostel information, and
- the products and services associated with CMO Website or its content.
CMO Website further disclaims all warranties, express, statutory, or implied, including, but not limited to, implied warranties of merchantability, merchantable quality, durability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, that you obtain from CMO Website or CMO Website shall create any warranty, representation, or condition not expressly stated herein.
CMO Website disclaims all liability for any:
- indirect, special, incidental, punitive, exemplary, reliance, or consequential damages,
- loss of profits,
- business interruption,
- loss of or damage to reputation of you or any third party, or
- loss of information or data.
CMO Website further disclaims all liability for any loss or damage arising out of your use of CMO Website and its content. Your use of CMO Website and its content is at your own discretion and risk, and you will be solely responsible for any resulting loss or damage, including but not limited to any loss of data or damage to your computer from viruses that may be downloaded to your computer in the course of using the site.
CMO Website also disclaims all liability for any loss or damage arising out of your communications or dealings with any or other users on CMO Website. Your communications with other users are solely between you and them, though we reserve the right to monitor disputes between you and them.
10. RESOLUTION OF DISPUTES.
If a dispute arises between you and CMO Website, our goal is to resolve such dispute quickly and cost effectively. Accordingly, you and CMO Website agree that we will resolve any claim or controversy at law or equity that arises between us out of the Terms or CMO Website services (a “Claim”). Before resorting to these alternatives, you agree to first contact us directly to seek a resolution.
The agreement and your use of CMO Website are governed in all respects by the Kosovo Legislation without giving effect to any principle that may provide for the application of the law of another jurisdiction.
Any dispute, controversy or claim arising out of or in relation to the conditions set out in this terms and reference document, including the validity, invalidity, breach or termination thereof, shall be resolved by the Commercial Court of the Republic of Kosovo.
If a dispute arises between you and CMO Website and a user outside the Kosovo’s jurisdiction, the relevant authority like the Commercial Court of the Republic of Kosovo shall be the venue.
11. INDEMNITY
You agree to indemnify and hold CMO Website, its owners, affiliates, any related companies, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of CMO Website, (ii) your violation of the Terms, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
You agree not to settle any matter without the prior written consent of CMO Website. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
12. GOVERNMENT RESTRICTED RIGHTS
If you are an agency of the Kosovo Government, or any other government where these terms and conditions are signed, CMO Website is a “non Commercial Item”. All unpublished rights are reserved under the copyright laws of the Kosovo. For purpose of any public disclosure provision under any law, it is agreed that CMO Website is a trade secret and proprietary commercial product and not subject to disclosure.
13. UNAUTHORIZED ACCESS
We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
14. INVESTIGATIONS
We are under no obligation to monitor CMO Website, its content, your content, or third-party content. However, we reserve the right to investigate possible violations of the Terms, block users, accounts, profiles, CMO Website Network write-ups, or any other content from CMO Website, and refer matters to law enforcement authorities for further investigation. We may disclose information to third parties, including your content, in accordance with our Privacy Policy.
15. FEEDBACK
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties; (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (iii) we may have something similar to the Feedback already under consideration or in development; and, (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
16. MISCELLANEOUS.
No agency, partnership, joint venture, or employment is created as a result of the Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.
We may provide you with notices, including those regarding changes to the Terms by email, regular mail or postings on this website.
The Terms contain the entire agreement between you and us regarding the use of CMO Website. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
Any failure on our part to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any part of these Terms is determined to be invalid or unenforceable, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
The Terms are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
17. CONTACT AND VIOLATIONS
Please contact us with any questions regarding the Terms. Please report any violations of the Terms to CMO Website.
18. MARKS
CMO Website, the CMO Website logo are proprietary service marks of CMO project, to be donated to the Kosovo Ministry of Agriculture, Forestry and Rural Development.