Terms/Conditions

I am not sure that I like the idea of including this page … but … in recent weeks I have been advised that we should include in the informational resources that we provide, a set of terms and conditions which outline the rights and responsibilities of both, ourselves and the individual users.

Because each of the resources are different, and have their own individual features and aspects, we thought about providing separate terms and conditions for each of them, but in the end we decided on a standard set to cover all of them, as outlined below.  Where individual websites, etc., have specific features which require additional or different terms, then these will be provided locally.  For example, on the site gk.kg we simply provide a platform for information provided by different organizations who are responsible for the content and any communication with users and this is dealt with in the agreement between us and outlined separately on the site.

Although this is a “personal website” … in that it reflects my personal experiences, opinions and views – and I am personably responsible for its contents,  because I am the General Director of the companies, it is difficult to separate it from the others in the suite of resources that we provide, and so we decided to include it in the “package”.

Terms and Conditions

Access and Use of Informational Resources provided by the Celestial Mountains Tour Company, (including, but not exclusively):

Websiteswww.celestialweb.infowww.celestial.kgwww.celestial.com.kg,
www.tours.kgwww.silroadlodge.kgwww.silkroad.com.kgwww.cmgh.kg,
www.horses.kgwww.tastes.kgwww.sound.kgwww.crafts.kg,www.yurts.kg,
www.gk.kgwww.links.kgwww.kyrgyzdiary.kgwww.ianbek.kg

CD: Kyrgyzstan – an Information Pack; Partner Pack; Panorama discs;

Pdf files: Kyrgyzstan Briefing, Brochures and Leaflets

Powerpoint slideshows:

Printed Materials: Kyrgyzstan an Information Pack, Kyrgyzstan Travel Guide, Brochures and Leaflets

Access to and use of websites and CD materials and other resources provided by The Celestial Mountains Tour Company, (hereafter CMTC), and their partners are provided on the following terms:

About the terms

1.     By using these resources you agree to be bound by these terms, which shall take effect immediately on your first use. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to them.

2.     CMTC reserves the right to change these terms and conditions from time to time and although we will publish details of any amendments on the resources, we recommend that you check regularly for subsequent changes. Your continued use of our resources will be considered as acceptance of the updated or amended terms. If, for some reason, you do not agree to the changes, then you should cease using the resources. If there is any conflict between these terms and specific “local” terms appearing elsewhere on of the resources, then the latter shall prevail.

Use of Celestial Mountains Resources

3.     You agree to use resources provided by CMTC:

a.     only for lawful purposes, and

b.    in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of them.  Where, for example, provision is made for interactive “user generated content”, prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue.

Intellectual Property Rights

4.     All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the CMTC resources, and all content (including all applications) located on them, are retained by CMTC, individual authors of works, or its licensors (which may include other users).

a.     You may:

(i)             make copies for you own individual, non commercial, use

(ii)            quote from the material as part of a larger work but in this case we ask that you give a citation to the source

b.    You may not

(i)             copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use CMTC content in any other way.

(ii)            adapt, alter or create a derivative work from any of our content except for your own personal, non-commercial use.

c.     Any other use of our material requires the prior written permission.

5.     The names, images and logos identifying CMTC or third parties and their products and services are subject to copyright, design rights and trade marks. Nothing contained in these terms shall be construed as conferring any licence or right to use any such trade mark, design right or copyright.

User Generated Content (UGC)

6.     If you do not want to grant CMTC permission set out in these terms, then please do not submit your UGC to us.

7.     In order to participate in and contribute to certain facilities you may be required to register with CMTC.

a.     any personal information supplied to us as part of this registration process and/or any other interaction with us will be collected, stored and used only in accordance with the purpose for which it was provided.

b.    inappropriate user names, (for example containing vulgar or offensive terms) will be rejected;

c.     all registrations must include a valid personal email address that you access regularly so that we can contact you if necessary. Accounts registered with someone else’s email address, or with temporary email addresses may be closed without notice.

d.    we may require users to re-validate their account if we believe they have been using an invalid email address.

8.     By sharing any UGC, (including any text, photographs, graphics, video or audio), with CMTC you agree to grant to us, free of charge, permission to use the material in any way it wants (including modifying and adapting it for operational and editorial reasons).  In certain circumstance we may also share your contribution with trusted third parties.

a.     Copyright in your contribution will remain with you, so you can continue to use the material in any way including allowing others to use it.

9.     In order that CMTC can use your contribution, you confirm:

a.     that it is your own original work,

b.    that it is not defamatory and does not infringe any laws,

c.     that you have the right to give us permission to use it for the purposes specified above, and

d.    that you have the consent of anyone who is identifiable in your contribution or the consent of their parent/guardian if they are under 16.

10.  We will normally show your name with your contribution, (unless you specifically request otherwise),    but for operational reasons this may not always be possible.

11.  We may need to contact you for administrative or verification purposes in relation to your contribution, or in relation to particular projects.

12.   Contributions containing languages other than English may be translated or removed.

13.  UGC posts:

a.     must be civil (constructive and polite) and tasteful;

b.    must not be disruptive, offensive, abusive, mean-spirited or contributed with the intention of causing trouble;

c.     must not contain unlawful or objectionable content, (unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material);

d.    must not constitute spamming, (including the submission of the same or very similar contributions many times);

e.     must not contain advertising or promotion of goods or services;

f.     should be “on-topic”

g.    must not involve impersonation of someone else;

h.     should not endanger yourself or others, take any unnecessary risks or break any laws when creating content you may share with us.

1.     We advise that you never reveal any personal information about yourself or anyone else (for example: telephone number, postal address, home address or email address or any other details that would allow you to be personally identified).

2.     If you’re under 16:

a.     You should obtain permission from your parent or guardian before submitting any UGC to CMTC.

b.    Never reveal any personal information about yourself or anyone else (for example, school, telephone number, your full name, home address or email address).

Breaches these terms and conditions:

14.  If you fail to abide by these Terms and Conditions (and/or any “local” variations in respect of a specific resource),  we will send you an email which informs you why your contribution has been refused or edited. This email will also include a warning that continuing to break the rules may result in action being taken against your registered account or accounts.

15.  This action may include any UGC posted by you being checked before being allowed to go on to a site, or a temporary or permanent suspension of your ability to participate in any or all of our sites.

16.  We reserve the right to delete any UGC, or take action against any registration, at any time, for any reason.

Disclaimers and Limitation of Liability

17.  CMTC is not responsible for

a.     any content posted by members of the public on any of our websites or

b.    for the availability or content of any third party sites that are accessible links from them.

18.  Any link to third party websites from any of our resources does not amount to an endorsement of that site and any use of that site by you is at your own risk.

19.  All content, including the information, names, images, pictures, logos and icons, is provided on an “AS IS” and “AS AVAILABLE” basis.

a.     To the extent permitted by law, CMTC excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

b.    CMTC does not guarantee the timeliness, completeness or performance of the websites or any of the content.

c.     While we try to ensure that all content provided by us is correct at the time of publication no responsibility is accepted by or on behalf of CMTC for any errors, omissions or inaccurate content on the websites and in other resources.

20.   Nothing in these terms limits or excludes CMTC’s liability for death or personal injury caused by its proven negligence. Subject to the previous sentence, CMTC shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise):

a.     loss of data;

b.    loss of revenue or anticipated profits;

c.     loss of business;

d.    loss of opportunity;

e.     loss of goodwill or injury to reputation;

f.     losses suffered by third parties; or

g.    any indirect, consequential, special or exemplary damages arising from the use of the resources regardless of the form of action.

21.  CMTC does not warrant that functions available on its websites and other resources will be uninterrupted or error free, that defects will be corrected, or that websites and other resources, including the server that hosts the websites are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

General

22.   If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.

23.   The failure of, or delay by, CMTC to exercise or enforce any right in these terms does not waive the right CMTC to enforce that right.

24.  These terms shall be governed by and interpreted in accordance with the legislation of the Kyrgyz Republic which shall have exclusive jurisdiction over any disputes.

Contact Details:

The Celestial Mountains Tour Company
Kievskaya 131-2,
Bishkek
720001
Kyrgyz Republic

celest@infotel.kg