Terms & Conditions

 

General Terms & Conditions of Using the Services Available at www.progressive.bg - Website of CMG Bulgaria Sole Proprietor Limited Liability Company (SPLLC)

 

I.General Terms & Conditions

The present General Terms & Conditions of the contract for using the information services and resources offered by CMG Bulgaria SPLLC through its website www.progressive.bg govern the relationship between CMG Bulgaria SPLLC and any of the Users of the information services and resources available at the website quoted.

Please, read the General Terms & Conditions for the Services Available at the www.progressive.bg website and, in the case of accepting them, indicate your consent in the field “I agree with the General Terms & Conditions”. Once marking your agreement and pressing the “Confirm” virtual button, it shall be deemed that you have been acquainted with the General Terms & Conditions, you have accepted them and shall be obliged to comply with them. In the case of intending to use the Services provided through the www.progressive.bg website without registering, you declare that you have been acquainted with the General Terms & Conditions and shall be obliged to comply with them by the very act of using of the Services provided through the website quoted.

Pursuant to the present General Terms & Conditions, the Users shall be entitled to use the website Services solely for personal/non-commercial purposes while adhering to the General Conditions.

 

II. Definitions and Basic Terms

1. “Website/site” is the website of CMG Bulgaria SPLLC at web address www.progressive.bg, including its sub-domains and/or directories, which is a separate place in the Internet network, is accessible through its unique web address, and contains various information, such as files, programs, images, multimedia, texts, sound, pictures, data bases, other objects of intellectual property rights, electronic references (links), or other materials and resources.

2. “CMG Bulgaria SPLLC (PROGRESSIVE)” is a sole-proprietor limited liability company entered in the Commercial Register of the Registry Agency under Unified Identification Code (UIC) 175137423, with seat and address of management in the city of Sofia, 20, Veliko Tarnovo Street, floor 2, phone (+359 2) 944 3563, fax (+359 2) 944 3642, e-mail office@progressive.bg, and registered pursuant to the Value Added Tax Act under VAT number BG175137423.

3.”User” is any person using the services and/or resources available at the www.progessive.bg website.

4. The “Services” offered at the www.progessive.bg website are divided into paid services whose use necessitates a preliminary registration by the potential User, free services that require a preliminary registration and services that do not require a preliminary registration. The Services comprise: up-to-date news; information on events, contests and conferences; training; access to the PROGRESSIVE Retailers` Map, the PROGRESSIVE Shopping Basket, Retailers` Profiles, Secret Client; access to Companies’ Profile; the latest products and products archives; articles in Exclusive Online; the archives of PROGRESSIVE magazine; the PROGRESSIVE Digital Issue; the PROGRESSIVE Newsletter; possibility for subscription to the PROGRESSIVE Magazine paper edition, possibility for Adding a Company, Adding a Product, Adding a Retailer; Sending News, Sending an FMCG Event and an FMCG Contest; possibilities for publishing any Users’ materials (photographs) and comments. The type, number and nature of the services offered may be changed unilaterally by CMG Bulgaria SPLLC entirely at its discretion.

5. “User Content” is any text, audio-visual works, comments, information, video materials, images, website address, or other objects of intellectual property and related rights, created by a User, over which the User has the exclusive rights of use as of the moment of providing them for publishing in the site by way of publishing comments and opinions concerning information resources in its User Profile in view of making them accessible for all other users through the respective website.

6. “Password” is the unique code of characters, digits and symbols chosen by the registered User, which, together with the e-mail address used for registration, is necessary to access the respective User’s User Profile.

7. “User Name” is the unique code of characters, digits and symbols chosen by the registered User, which the latter uses for identification when making a comment in www.progressive.bg. The User Profile gives a Registered User the opportunity to use certain limited-access services, to terminate the use of such services, to change the information in its Profile, etc.

8. “E-mail address” is the unique code of characters, digits and symbols chosen by the registered User, which individualizes the latter and is used to access his/her User Profile.

9. “Registered User” is any User who has created an own User Profile and has registered in order to use the services offered through the www.progressive.bg website.

10. “Malicious Acts” are acts or omissions violating the Internet ethics and causing damage to persons connected to Internet or associated networks, sending unwanted mail, (spam, junk mail), jamming channels (flooding), obtaining access to resources to others’ rights and passwords, using defects in systems for personal profit or for obtaining information (hacking), performing acts that can be qualified as industrial espionage or sabotage, damaging or disrupting systems or information data bases (cracking), sending “Trojan horses” or causing installation of viruses or remote control systems, interfering with the other users of Internet or associated networks, performing any acts that can be qualified as crimes or administrative offences under the Bulgarian or any other applicable legislation.

11. “Accidental Event” is a circumstance of extraordinary nature that could not be foreseen at the moment of concluding the contract and that makes the provision of services objectively impossible.

12. “Internet Page” is a separate part of a website or a whole website.

13. “Electronic Reference” is a link indicated in a given Internet page that makes possible the automatic transfer to another Internet page, information resource or object by means standardized protocols.

14. “Information System” is a device or a system of interconnected devices, which, or a part of which, is intended to store, send or receive electronic documents.

15. “Server” is a device or a system of interconnected devices, on which, or a part of which, system software has been installed with the purpose of performing tasks related to the storage, processing, sending or receiving information.

16. “IP Address” is a unique identification number associating a User’s computer, Internet page or resource in a way allowing their localization in the global Internet network.

17. “RSS – Really Simple Syndication) is an XML language used for sharing and transferring information between websites by means of titles or short summaries of the content and a link leading to the original source of the information.

18. “Work” is any object of intellectual property rights protection, which is accessible through the website.

 

III. Subject of the General Terms & Conditions

19. Through its website www.progressive.bg, CMG Bulgaria SPLLC shall provide the Users with the services as described in the present General Terms & Conditions, referred for the sake of brevity as the “Services; the Users shall be obliged to use these Services solely in compliance with the provisions of the present General Terms & Conditions.

20. CMG Bulgaria SPLLC shall provide the Users with the possibility to upload materials to the CMG Bulgaria SPLLC server; for this purpose, the Users shall need to register and create a User Profile following criteria set forth by CMG Bulgaria SPLLC.

21. The Services, comprising a complex of resources and services, may be paid or free-of-charge. The Services and the conditions of providing them are specified at the www.progressive.bg website 22. In the event of a particular User not wishing to use the services allowing uploading materials to the www.progressive.bg website, no preliminary registration shall be needed and no remuneration shall be owed to CMG Bulgaria SPLLC.

 

IV. General Provisions. Agreement with the General Terms & Conditions

23.(1) The entire content of the www.progressive.bg website is property of CMG Bulgaria SPLLC (PROGRESSIVE); or, the rights owned by a particular rights holder over a particular content to be published on the website have been transferred to CMG Bulgaria SPLLC (PROGRESSIVE). Any use of the website content, including recording, copying, reproducing, disseminating, publishing in the Internet, presenting in public, processing of graphic, video, text materials, or of other objects of intellectual property rights, are subject to protection pursuant to the Copyright and Related Rights Act now in force and may only take place following the express prior consent of CMG Bulgaria SPLLC.

(2) All services on the website shall be accessible for 24 hours of the day and night.

24.(1) Entering the website by a particular User shall be deemed as he/she having declared his/her intent to use the website Services, having been acquainted with the present General Terms & Conditions, and having taken the obligation to comply with those.

(2) In the event of a particular User wishing to use the services allowing one to publish information on the site, then this User shall need to register. The conditions for registration are as follows: the User shall have to provide a name, a surname, a User Name (used for identification when making a comment), e-mail address, company, position, business sector, country, password. By pressing the “Confirm” button, the User is deemed to have made an express electronic statement in the meaning of the Electronic Document and Electronic Signature Act thus declaring of having been acquainted with the present General Terms & Conditions, having accepted them and having agreed with the conditions of using the services available at the www.progressive.bg.

(3) When filling the registration form, the User shall provide complete and correct information concerning his/her identity, as well as concerning the other data required by the CMG Bulgaria SPLLC. The User shall guarantee that the data provided at registration are true, complete and accurate and that these shall be updated immediately when changes take place. Provision of false data and registration under an alias or under someone else’s name (someone else’s identity) are forbidden. In such an event, CMG Bulgaria SPLLC may refuse the registration of, or terminate or stop immediately without notice the provision of Services to, a person concerning whom there exist information, or the assumption may be made, for having provided false or someone else’s data. Furthermore, in such an event, the termination of providing the Services shall be deemed as being an automatic termination of the contract concluded with CMG Bulgaria SPLLC.

25. CMG Bulgaria SPLLC may unilaterally and at any time without notice change these General Terms & Conditions, the technology, design and type of the Services provided, as well as the manner of providing the Services (against registration, against registration and payment, or without registration) available at the www.progressive.bg website. Declaration by a registered User to the effect of not agreeing with the changes in the General Terms & Conditions and the manner of providing the Services shall result in an automatic termination of the contract with that User and CMG Bulgaria SPLLC for the use of the Services available at the www.progressive.bg website; in such a case, CMG Bulgaria SPLLC may stop the respective User’s access to his/her User Profile, terminate his/her registration and delete from the servers any and all User content stored there.

 

V. Rights and Obligations of the User

26. The User shall have the right to use the Services available at the website against registration, against registration and payment, or without registration.

27.(1) In order to use the Services allowing one to upload materials to a CMG Bulgaria SPLLC server, the User shall need to make a registration.

(2) The materials may be uploaded to a CMG Bulgaria SPLLC server at any time of the day or night; visualization of information under the headings Adding a Company, Adding a Product, Adding a Retail Chain, Sending News, Adding an Event, Adding a Contest, etc., on the www.progressive.bg website shall only take place after the approval of a CMG Bulgaria SPLLC moderator and payment of the required remuneration, if any. Comments and assessments of materials shall only appear after the approval of a CMG Bulgaria SPLLC moderator; CMG Bulgaria SPLLC shall be entitled to remove or refuse to publish any content that violates the present General Terms & Conditions or the legislation in force.

28.(1) By pressing the buttons “Send” or “Publish”, the User shall be deemed as having agreed to cede to CMG Bulgaria SPLLC (PROGRESSIVE) the right of multiple use of the materials in all manners provided for in the Copyright and Related Rights Act (CRRA) for the maximal period of time as set forth in the same Act all over the world.

(2) By placing any information material, resource, image or other content on the www.progressive.bg website, the User shall be deemed as having assigned to CMG Bulgaria SPLLC the right to use, record, store, reproduce, disseminate, etc., them. The User shall also be deemed as having declared of being the holder of copyright or other intellectual property rights, or of having the right to use the respective material in the manner indicated in this clause, of having acquired this right on legal or contractual rights, as well as that placing the content in question on www.progressive.bg website and its use in accordance with the present General Terms & Conditions shall not infringe upon the rights of third persons.

(3) The User shall solely be responsible for the legality of the User content that is published or made available through the use of the Services and of his/her actions leading to its publication, as well as for the consequences of this publication.

29. The User shall agree that no remuneration is owed to him/her for providing the materials and for ceding rights under the CRRA. No remuneration shall be owed to persons who are holder of rights under the CRRA and who have ceded those rights to the User.

30.(1) The User shall provide CMG Bulgaria SPLLC (PROGRESSIVE) with the names of the authors of a given work and of the holders of rights under the CRRA.

(2) The User shall agree that, in view of the nature of a given material and the manner of its use, the names of the authors and of holders of related rights over them may not be announced.

31. The User shall agree that CMG Bulgaria SPLLC (PROGRESSIVE) is not obliged to publish or use in any way the material that the User has sent.

32. The User shall agree that by pressing the “Send” or “Publish” buttons, he/she shall be deemed as having agreed that CMG Bulgaria SPLLC (PROGRESSIVE) may collect personal information on him/her and use it in relation with the use of the materials in the meaning of the present General Terms & Conditions.

33. By pressing the “Send” or “Publish” buttons, the User shall be deemed as having declared that he/she understands fully the content of the present General Conditions and in full consciousness agrees to be legally bound by them.

34. When using the Services provided by CMG Bulgaria SPLLC, the User shall abide by the Bulgarian legislation, the applicable foreign legislation, the present General Terms & Conditions, the Internet ethics, the widely accepted moral rules, shall protect the legal interests of third persons and shall inform immediately CMG Bulgaria SPLLC for any and all cases of violation performed when using the Services provided.

 

VI. Rights and Obligations of CMG Bulgaria SPLLC (PROGRESSIVE)

35. In relation with the Services offered at the www.progressive.bg website and described in clause 4, CMG Bulgaria SPLLC hereby informs the Users that those who publish comments and any other materials on the said website express their own personal opinion and CMG Bulgaria SPLLC may not be held liable for the materials written/published by the Users.

36. CMG Bulgaria SPLLC shall not be obliged to and does not have the objective capability of controlling the ways by which a given User uses the Services available and shall not be held liable for the User Content. CMG Bulgaria SPLLC shall not be obliged to monitor the information stored in the Servers or made available through the Services, nor shall CMG Bulgaria SPLLC seek any facts and circumstances that point to Users’ performing illegal activities.

37. In accordance with the requirements of the Bulgarian legislation now in force, CMG Bulgaria SPLLC shall store information materials and resources placed by a User on a CMG Bulgaria SPLLC server, and may provide these to the competent state institutions in the cases when this is necessary in order to protect the rights, legal interests and security of CMG Bulgaria SPLLC or of third parties, as well as in the cases when the said materials and resources have been duly requested by the competent state institutions.

38. CMG Bulgaria SPLLC shall have the right, but not the obligation, at its discretion and without a notice, to refuse uploading to the site, to edit, to prohibit the access to, and/or to remove from the site any User Content (information materials or images), or to stop or suspend a given User access to the Services, in the event of the said Content violating the Bulgarian legislation, the applicable foreign legislation, the present General Terms & Conditions, the Internet ethics, the widely accepted moral rules, and the legal interests of third persons.

39. In the abovementioned events, CMG Bulgaria SPLLC shall not be held liable for damages suffered and future earnings missed that have occurred as a consequence of terminating, changing or limiting the Services, of terminating the contract, or of providing information to or fulfilling the requests of competent state institutions.

40. By publishing comments and materials on the website and pressing the “Confirm” or ”Send” buttons, the User shall be deemed as having declared and guaranteed that the said comments and materials do not violate the provisions of the legislation now in force and of the present General Terms & Conditions, and as having undertaken the relevant responsibility.

41. CMG Bulgaria SPLLC may refuse access to the website to Users who have violated the requirements of the present General Conditions.

42. CMG Bulgaria SPLLC may place on any pages of the www.progressive.bg website, including in a User Profile, electronic references (links), advertisement banners, and other other types of advertisement of goods and services offered by CMG Bulgaria SPLLC or by third persons, as well as links and banners pointing to websites beyond the control of CMG Bulgaria SPLLC.

43. CMG Bulgaria SPLLC may send unsolicited commercial messages to a User with the purpose of offering information and advertisement concerning own or third persons’ goods and/or services, of making inquiries on various problems, of carrying out polls, etc. By accepting the present General Terms & Conditions, the User shall be deemed as having agreed to receive unsolicited commercial messages from CMG Bulgaria SPLLC.

44. CMG Bulgaria SPLLC shall publish the present General Terms & Conditions at the www.progressive.bg website.

45. CMG Bulgaria SPLLC may unilaterally and at any time change both the present General Terms & Conditions and services offered at the website.

In the event of making changes to the present General Terms & Conditions, CMG Bulgaria SPLLC shall inform the Users by publishing the changed General Terms & Conditions at the www.progressive.bg website.

 

VII. General Terms & Conditions of CMG Bulgaria SPLLC For Carrying Out Banner Advertising Campaigns at the www.progressive.bg Website and its Sub-Domains

46. The prices of obtaining access to the paid services shall be announced at the respective page of the www.progressive.bg website and shall be subject to updating by CMG Bulgaria SPLLC.

47. The prices quoted does not include VAT (if due). Any subsequent changes in the prices shall not affect the rights of a User or a party to a contract (both referred to for the sake of brevity as the “Contracting Entity”) who have already prepaid a certain amount of access time to the Services at the www.progressive.bg website, including its sub-domains and/or directories, until the prepaid limit is exhausted.

48. The advertising campaign shall be conducted by way of publishing for a certain period of time of the respective advertising form(s) of the Contracting Entity in the website(s) chosen by the latter in accordance with the agreed media plan.

49. Ordering a campaign – the Contracting Entity shall order the campaign period for one or more positions and for one or more websites represented by CMG Bulgaria SPLLC. The campaign period ordered shall be a multiple of one week (seven days). A campaign shall be ordered at least three working days before the date of launching the campaign. A campaign shall be ordered on the basis of a media plan coordinated beforehand with CMG Bulgaria SPLLC.

50. Confirming a campaign – a media plan shall be confirmed in writing following a check of the availability of the advertising resource desired by the Contracting Entity and a check of the advertising form suitability by a specialist – representative of CMG Bulgaria SPLLC.

51. Deadline for submitting advertising forms – the advertising forms shall be submitted for review and approval not later than one working day before the date of launching the campaign.

52. Launching a campaign – a campaign ordered by the Contracting Entity and approved by CMG Bulgaria SPLLC shall be launched in accordance with the submitted media plan.

53. Changing the content of an advertising form – the Contracting Entity may change the advertising form content during the campaign by submitting the new advertising forms for technical compatibility confirmation not later than one working day before the date when the changes are to take place. The Contracting Entity shall not owe additional fees for the changes introduced in the advertising forms.

54. Terminating a campaign – campaign shall be terminated automatically at the expiration of the ordered campaign period for one or more positions or for one or more websites represented by CMG Bulgaria SPLLC.

55. Access to current statistics – the Contracting Entity shall be given verified access to the banner rotation system using which one can follow the statistical information concerning the campaign progress, such as impressions, clicks, and the clicks/impressions ratio.

56. Copyright and violation of the law

(1) The ready advertising form shall be submitted by the Contracting Entity to CMG Bulgaria SPLLC in a way suitable for dissemination on the Internet and shall be prepared in accordance with provisions of the Copyright and Related Rights Act (CRRA), the Consumers Protection Act, the Marks and Geographical Indications Act, the Competition Protection Act and other relevant legislative acts.

(2) By submitting an advertising form in compliance with clause 51 above, the Contracting Entity shall be deemed as having declared and guaranteed that it holds legal, contractual or assigned in another way rights to use for advertising in the Internet the graphic and textual marks and/or elements included in the respective advertising form, and that it has fully settled its relations, including those connected with the use and the ownership, with the authors of the advertising form and its parts, as well as with all holders of copyright and related rights whose works are used in the advertising form, in compliance with the provisions of the CRRA and the other applicable legislation, including the fact that it has received from the said holders, or from organizations for collective management of such rights authorized by the holders, all necessary permits for the use of the objects created by the holders and subject to protection pursuant to the CRRA.

57. CMG Bulgaria SPLLC may refuse the publication and dissemination of advertising forms whose content violates the Bulgarian legislation, or the widely accepted moral and ethical norms, or the provisions of the present General Terms & Conditions. CMG Bulgaria SPLLC shall not be held liable for the violation of copyright and related rights connected with advertising forms submitted by the Contracting Entity. CMG Bulgaria SPLLC shall not be held liable for any actions undertaken by its Users that have been provoked by advertising transmitted by CMG Bulgaria SPLLC.

58. Orders for advertising with non-commercial (religious or political) content shall be subject to approval and may be refused at the discretion of CMG Bulgaria SPLLC in the case of these violating legislative or administrative norms.

59. Definitions:

(1) Click – pressing the left button of the mouse on a selected keyword.

(2) Banner – an advertising graphic image with a defined size, which serves as a hyperlink to the Internet page (site).

60. Rights and obligations of the Contracting Entity:

(1) Not later than one day before the date of launching the campaign, the Contracting Entity shall send the following files:

(1.1) Banners on the www.progressive.bg website:

Top banners – 728 px / 90 px

Side banners (static / flashing) – 300 px / 250 px

Bottom banners – 940 px /120 px

The banners shall be submitted in jpg, png, gif, swf (flash) formats.

The file size shall not exceed 100 kb.

(1.2) Publication of Product / Publication of Company Profile at the www.progressive.bg website home page:

The size of the pictures and logos (files) submitted shall be larger than 500 px / 500 px.

The format of the pictures and logos (files) submitted shall be jpg, png, gif.

(1.3) Advertising vision on PROGRESSIVE Digital Issue at the www.progressive.bg website:

1/1 internal page (with link) 175 mm / 175 mm

1/2 internal vertical page (with link) 88 mm / 175 mm

1/2 internal horizontal page (with link) 175 mm / 88 mm

First cover (with link) 114 mm / 134 mm

The format of the files submitted shall be jpg, pdf, eps

(1.4) Banners on PROGRESSIVE Bulletin at sub-domain website www.newsletter.progressibe.bg:

Top banner (e-mail / newsletter website) on the newsletter’s Bulgarian version – 728 px / 90 px

Middle banner (e-mail / newsletter website) on the newsletter’s Bulgarian version – 728 px / 90 px

Side banner (e-mail / newsletter website) on the newsletter’s Bulgarian version – 250 px / 250 px

Bottom banner (newsletter website) on the newsletter’s Bulgarian version – 728 px / 90 px

Top banner (e-mail) on the newsletter’s Bulgarian version – 468 px / 60 px

The banners shall be submitted in formats jpg, png, gif, swf (flash).

The file size shall not exceed 50 kB.

61. Rights and obligations of the CMG Bulgaria SPLLC:

(1) CMG Bulgaria SPLLC shall approve the visions submitted.

(2) CMG Bulgaria SPLLC shall launch the campaign on time and shall ensure its correct progress.

(3) On the Contracting Entity’s request, CMG Bulgaria SPLLC shall ensure the client’s access to the current campaign statistics.

62. Damages

(1) In the event of canceling an already launched campaign, the Contracting Entity shall pay CMG Bulgaria SPLLC the amount due for the advertising form(s) according to the media plan for the period prior to canceling the campaign, together with a penalty equal to 20 % of the gross amount of the unfulfilled part of the order.

(2) In the event of canceling an advertising campaign up to five days earlier than the date of launching the campaign, the Contracting Entity shall owe a penalty equal to 20 % of the gross amount of the advertising campaign.

(3) In the event of CMG Bulgaria SPLLC failing to fulfill the parameters as per the media plan (advertising campaign period ordered), CMG Bulgaria SPLLC shall owe a penalty equal to 20 % of the gross amount of the unfulfilled part of the advertising form(s).

63. Prices and terms of payment

(1) Ordered and approved campaigns shall be paid for not later than five days as from the date of launching the campaign. In the event of non-performance of this obligation, CMG Bulgaria SPLLC may cancel immediately the respective advertising campaign.

The client shall receive an invoice before the date of launching, but not later than three days as from the date of launching the campaign.

(2) The payment for the advertising campaign shall be carried out by a bank transfer to the following bank account:

CMG Bulgaria EOOD

20, Veliko Tarnovo Street, Sofia 1504, Bulgaria

UIC 175137423

VAT # BG175137423

PROCREDIT BANK

IBAN: BG66 PRCB 9230 10 3968 05 14 (BGN)

IBAN: BG10 PRCB 9230 14 3968 05 19 (EUR)

BIC: PRCBBGSF

(3) All bank transfer fees and charges shall be paid by the Contracting Entity. All prices in the tariff plans are VAT excluded.

 

VIII. Liability and Compensations. Liability Limitation

64.(1) CMG Bulgaria SPLLC may not be held liable for the content of the comments and materials placed by Users on the CMG Bulgaria SPLLC server.

(2) Bearing in mind that by the act of accepting the present General Terms & Conditions the User has assigned its rights for use of the materials and made the relevant declarations and guarantees, the User shall therefore bear the respective liability and shall relieve CMG Bulgaria SPLLC of any claims, judicial or extrajudicial, made by holders of copyright or of related rights over the materials; in the events of such claims being laid directly against CMG Bulgaria SPLLC, the User shall satisfy these completely at its own expense if the claims legitimacy has been established beyond reasonable doubt.

(3) In view of the User’s liability concerning the content of the comments and materials published by him/her and their lawful use in the meaning of the present General Terms & Conditions, the User shall cover at its own expense all costs that may arise:

1. from a claim laid against CMG Bulgaria SPLLC in relation with a violation of the provisions of the legislation now in force found in the comments and materials, including the cost of the legal proceedings and the payment of damages to the person affected if it has been duly established that the claim is legitimate;

2. from a penal or administrative sanction imposed by a competent institution for a violation of the applicable legislation found in the comments and materials, including the cost of the legal proceedings and the amount of the sanction itself.

65. CMG Bulgaria SPLLC may not be held liable for a given material not having been received or stored by it due to technical or other reasons.

 

IX. Personal Data Protection

66. CMG Bulgaria SPLLC is a personal data administrator registered pursuant to the Personal Data Protection Act.

67. CMG Bulgaria SPLLC shall protect the security of the information containing personal data as submitted by the User when filling the registration forms. Disclosure of such information shall only be possible in the cases when the User has personally submitted such data in the public information fields in the registration form, when comments and other information materials containing personal data have been published, or when the information has been requested in the legally required way by state institutions or officials authorized by the law to request and collect information containing personal data.

68. CMG Bulgaria SPLLC shall take due care of and be responsible for protecting the User’s information brought to CMG Bulgaria SPLLC knowledge in relation with providing the Services in the meaning of the present General Terms & Conditions, with the exception of the cases of force majeur circumstances, an accidental event or malicious acts by third persons, as well as in the cases when the User him(her)self has made this information available to third persons.

69. CMG Bulgaria SPLLC shall take due care for collecting, processing and storing the User’s personal data in strict compliance with the provisions of the Personal Data Protection Act.

70. CMG Bulgaria SPLLC may collect and use information concerning the Users. The information through which a person can be identified is the information containing personal data and made available by a User online by way of filling registration forms, making comments and providing other information materials, when these actions have been carried willingly by the User in view of using the Services.

71. In the registration form to be filled by a User when concluding the contract, CMG Bulgaria SPLLC clearly indicated the obligatory or voluntary nature of providing the data, as well as the consequences of a refusal of such a provision. By accepting the present General Terms & Conditions, the User shall be deemed as having expressed his/her consent that the relevant information may be collected, stored and processed as provided for in the present General Terms & Conditions.

72. Each User registered by his/her User Name, e-mail address, and password shall have the right of accessing his/her User Profile and correcting and updating the personal data stored by CMG Bulgaria SPLLC.

By accepting the present General Terms & Conditions, the User shall be deemed as having given his/her express consent that the data and information provided by him/her and designated as publicly accessible by way of filling registration forms and publishing comments and other information materials may be accessible to all Users of the www.progressive.bg website.

73. The User hereby agrees that CMG Bulgaria SPLLC may collect and use the information provided for statistical purposes, including processing the same, as well as for the purposes of offering new Services to the User, offering goods and/or services made available by third persons, for promotions, inquiries, for statistical and any other purposes; by the act of registering for using the Services, the User shall be deemed as having given his/her consent for receiving commercial messages from CMG Bulgaria SPLLC. Moreover, the User shall be deemed as having given his/her consent that CMG Bulgaria SPLLC may provide the collected statistical information concerning the visits to the site to advertisers / advertising agencies, as well as for other Users’ actions on their advertising banners and links. The purposes described therein for which the information may be used are not exhaustively listed and may not give rise of obligations for CMG Bulgaria SPLLC.

74. By accepting the present General Terms & Conditions, the User shall be deemed as having given his/her consent that the his/her personal data may be processed for direct marketing purposes. The User may object to his/her personal data being processed for direct marketing purposes by way of sending a written notice to CMG Bulgaria SPLLC at the address indicated or of filling and sending the “Contact Form” available in the “Contacts” sub-menu at the www.progressive.bg website.

75. CMG Bulgaria SPLLC shall not edit or disclose any personal data concerning the User or the Services used by the latter, or reveal the data collected to third persons, such as state institutions, companies, physical persons and others, except in the cases described in the present General Terms & Conditions, as well as in the cases when this is required by the applicable law.

76. CMG Bulgaria SPLLC may automatically store certain information sent by a computer or another device of the User to a CMG Bulgaria SPLLC server in relation with the User’s activity

 

X. Termination of the Contract Pursuant to the General Terms & Conditions. Settling of Disputes

77. The effect of the contract shall be terminated pursuant to the present General Terms & Conditions by way of the User’s refusal to register. The User shall continue to bear responsibility for the uploaded content after the refusal to register. The clauses of the present General Terms & Conditions whose meaning makes them applicable after the contract between CMG Bulgaria SPLLC and the User has been terminated shall retain their effect.

78.(1) The effect of the contract shall be terminated unilaterally without notice by CMG Bulgaria SPLLC pursuant to the present General Terms & Conditions if:

1. The User has violated provisions of the Bulgarian legislation now in force;

2. The User has violated provisions of the present General Terms & Conditions.

In the above two cases, CMG Bulgaria SPLLC may terminate the User’s registration and delete from the servers all the information placed there by the User.

(2) The effect of the contract shall be terminated unilaterally without notice by CMG Bulgaria SPLLC pursuant to the present General Terms & Conditions if CMG Bulgaria SPLLC decides that the User has committed a criminal or administrative offence. In such an event, CMG Bulgaria SPLLC shall inform the competent state institutions and shall provide the latter with the necessary cooperation and with all necessary and duly requested information and materials, which could assist in identifying the perpetrator and proving the criminal or administrative offence committed.

(3) The effect of the contract shall be terminated unilaterally without notice by CMG Bulgaria SPLLC pursuant to the present General Terms & Conditions in the event of CMG Bulgaria SPLLC terminating its activities, or terminating the support of the www.progressive.bg website, including its sub-domains and/or directories.

79. All disputes between the Parties shall be settled by way of negotiations; in the event of failure to reach an agreement, the disputes shall be referred to a competent court-of-law in the city of Sofia.

 

The present General Terms & Conditions shall enter into effect as of October 15, 2012.