Welcome to FindCapacity.com, a business network and cloud-based collaboration platform that helps you to stay in touch with all your business partners and colleagues and get all up-to-date useful information connected with the insurance industry.
The Site administration offers you the Site services on the conditions being the subject of these FindCapacity Terms of Service. In this connection, you should familiarize yourself carefully with the conditions of these Terms which the Site Administration regards as a public offer in accordance with Article 437 of the Russian Federation Civil Code.
The Findcapacity.com service (hereinafter the Services) is organized primarily to help (re)insurance professionals collaborate with each other. The Service includes the business networking website at www.findcapacity.com ("Site").
These FindCapacity Terms of Service (hereinbefore and hereinafter the Terms) determine the terms of Site use and development conditions as well as the rights and obligations of its Users and site administration.
The User is obliged to be fully aware of these Terms before registering at the Site. The User’s registration at the Site means full and unconditional acceptance of these Terms by the User in accordance with Article 438 of the Russian Federation Civil Code.
The site administration may make changes and/or additions to these Terms unilaterally without any special notification. These Terms are an open document accessible to the general public. The current version of the Terms is available on the Internet at https://findcapacity.com/en/landing/terms
FindCapacity reserves the right to cancel, suspend, or block access to the Site or Service at its sole discretion for violations of these terms.
For the purposes of this Terms of Service, Users may be referred to as "you", and the Terms of Service may be referred to as the "Agreement" or "Service Agreement."
II. Conditions Governing All Users
- The Service is available only to Users who submit truthful and accurate information about themselves and maintain the accuracy of such information.
- The Service is available only to Users who do not impersonate any person or entity or otherwise misrepresent their identity in a profile or elsewhere on the Site. The User does not have the right to transfer his/her login and password to third parties and bears full responsibility for their confidentiality, choosing himself / herself the method of their storage. Using his / her hardware and software the User may permit the storage of the login and password (through cookies) for subsequent automatic authorization on the Site.
- The Service is available only to those with a valid email address.
- The Service is available only to those who agree not to authorize others to use their account, profile, or messages.
- Users have an obligation to inform FindСapacity immediately upon learning of a security breach that relates to their account or a third party's improper use of the Service in connection with their account. Unless the User proves otherwise, any actions taken with the use of his/her login and password are deemed to have been taken by the User.
- Users agree that portions of the Site and Service are publicly available or available to other Users and may be accessible by syndication programs (including data feed tools), search engines, metasearch tools and other similar programs.
- The Service is not available to any User promoting, advertising or selling multi-level or network marketing companies (hereafter, "MLM") which not connected to the insurance field. MLM is defined broadly herein as any multi-level business that recruits distributors, resellers, consultants, or others for the sale or representation of a product or service that does not originate from the person requesting an account on FindСapacity.
III. User Obligations Regarding Use of the Site
Any information, profiles, data, text, links, articles, photographs, messages, or other materials that a User uploads, publishes or displays on the Site or in connection with the Service, whether publicly posted or privately transmitted shall be referred to herein as "User Generated Content".
As the owner of the information posted on his/her own personal page, the User understands that, except as provided by these Terms and effective Russian legislation, FindCapacity does not participate in forming and using the content and controlling other users’ access to the User’s personal page.
- Users assume legal responsibility for all User Generated Content.
- Users agree that no copyright, trademark, trade secret, publicity or privacy rights, or other intellectual property rights are being violated by your posting or transmission of any User Generated Content via the Site.
- Users agree not to post, transmit, or share User Generated Content on the Site or Service that User did not create or does not have permission to post.
When using the Site Services the User is obliged:
- to provide true, complete and up-to-date data at the time of registration and keep these data updated;
- to inform the Site Administration of unauthorized access to the personal page and/or unauthorized access to and/or use of the User’s password and login;
- not to provide other users with access to his/her own personal page or individual pieces of information on it, if it can involve breach of the legislation and/or these Terms;
- not to post on his/her personal page such information and objects (including links thereto) which may infringe the rights and interests of other persons;
- before posting information and objects (including but limited to other people’s images, texts of various content), to assess in advance whether such posting is lawful;
When using the Site the User is prohibited from:
- registering as the User on behalf of or instead of another person (“false account”); however, the registration on behalf of another individual, if necessary powers are granted according to such procedure and form as provided by Russian legislation;
- distorting information on your profile;
- using software and taking actions aimed at disrupting the normal operation of the Site and its services or the Users’ personal pages;
- loading, storing, publishing, distributing, making available or otherwise using viruses, trojans and another malicious software;
- attempting to get access to another User’s login and passwords by any means including, without limitation, by means of fraud, abuse of confidence, cracking;
- illegally collecting and processing the personal data of other persons.
IV. FindСapacity Obligations Regarding Use of the Site
The users bear liability for their own actions in connection with the creation and posting of information on their own personal page on the Site as well as in connection with the posting of information on the personal pages of other users and other sections of the Site. The breach of these Terms and effective Russian legislation involves civil, administrative and criminal liability.
FindCapacity does not guarantee the accuracy, integrity, appropriateness, quality, or validity of such User Generated Content. The User Generated Content posted by users or other third parties does not necessarily represent the views or opinions of FindCapacity and under no circumstances will FindСapacity be liable in any way for any User Generated Content, including without limitation any loss or damage of any kind incurred as a result of the use of any User Generated Content posted, emailed, or otherwise transmitted via the Site. As a result, you are solely responsible at your own expense for creating backup copies and replacing any User Generated Content you post or store on the Site or provide to FindCapacity. Notwithstanding its lack of obligation, FindCapacity may remove any User Generated Content at any time at its sole discretion, including User Generated Content that in the sole judgment of FindCapacity violates this Service Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. FindCapacity assumes no obligation to maintain or store your content. FindСapacity may delete, modify or restrict the display of User Generated Content at any time for any reason.
FindCapacity makes it technically possible for the Users to use the Site, does not participate in forming the content of the Users’ personal pages, does not control and does not bear liability for the actions or omissions of any persons regarding use of the Site or formation and use of the content of the Users’ personal pages on the Site.
FindCapacity reserves the right to change at any time the Site design, content, list of services, modify or supplement scripts, software and other objects used or stored on the Site, any applications at any time with or without advance notice.
FindCapacity does not carry out preliminary moderation or censorship of the Users’ information and takes actions to protect the rights and interests of persons and ensure compliance with the requirements of Russian legislation only after the person concerned applies duly to the Site Administration.
FindCapacity ensures operation and serviceability of the Site and undertakes to restore its serviceability promptly in case of technical failures and interruptions. The Site Administration does not bear liability for temporary failures and interruptions in the Site operation and resultant losses of information. The Site Administration does not bear liability for any damage to the computer of the User or any third party, mobile devices, any other equipment or software caused by or connected with the download of materials from the Site or via the links available on the Site.
FindCapacity has the right to dispose of the statistical information relating to the Site operation as well as of the Users’ information to ensure the targeted display of advertising information to different audiences of Site users. For the purposes of operation and technical support of the Site and compliance with these Terms the Site Administration has the technical ability to access the Users’ personal pages but does it only in the cases specified herein.
FindCapacity has the right to send information on the development of the Site and its services to the User as well as to advertise its own activity and services.
Limitation of the FindCapacity liability:
THE SITE AND ITS SERVICES, INCLUDING ALL APPLICATIONS, CONTENT AND THE SITE DESIGN ARE MADE AVAILABLE ON THE “AS IS” BASIS. THE SITE ADMINISTRATION DISCLAIMS ALL WARRANTIES THAT THE SITE OR ITS SERVICES MAY BE SUITABLE OR UNSUITABLE FOR ANY SPECIFIC PURPOSES OF USE. THE SITE ADMINISTRATION CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS OF USE OF THE SITE AND/OR ITS SERVICES.
FOR THE AVOIDANCE OF MISUNDERSTANDINGS, THE USER SHOULD BE CAREFUL WHEN DOWNLOADING FROM THE SITE OR VIA THE LINKS ON IT AND USING ANY FILES. THE SITE ADMINISTRATION STRONGLY RECOMMENDS USING ONLY LICENSED SOFTWARE, INCLUDING ANTIVIRUS SOFTWARE.
BY USING THE SITE THE USER AGREES THAT HE/SHE DOWNLOADS ANY MATERIALS FROM OR VIA THE SITE ON HIS/HER PERSONAL RISK AND BEARS PERSONAL LIABILITY FOR THE POSSIBLE CONSEQUENCES OF USING THESE MATERIALS, INCLUDING THE DAMAGE IT CAN CAUSE TO THE USER’S COMPUTER OR THIRD PARTIES, FOR DATA LOSS OR ANY OTHER DAMAGE.
UNDER NO CIRCUMSTANCES THE SITE ADMINISTRATION OR ITS REPRESENTATIVES BEAR LIABILITY TO THE USER OR ANY THIRD PARTIES FOR ANY INDIRECT, ACCIDENTAL, UNINTENTIONAL DAMAGE, INCLUDING LOST PROFIT OR LOST DATA, DAMAGE TO THE HONOR, DIGNITY OR BUSINESS REPUTATION IN CONNECTION WITH THE USE OF THE SITE, ITS CONTENT OR OTHER MATERIALS WHICH BECAME AVAILABLE TO THE USER OR OTHER PERSONS THROUGH THE SITE, EVEN IF THE SITE ADMINISTRATION HAS WARNED OF, OR INDICATED TO THE POSSIBILITY OF SUCH DAMAGE.
V. News on the Site
All the news on the Site is published using RSS feeds from multiple sources. We do not generate own news.
VI. Trademarks; Copyrights; Proprietary Rights
FindСapacity owns the visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Site ("FindCapacity Content"). FindCapacity Content excludes User Generated Content.
FindCapacity also owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with the FindCapacity Content, the Site and Service, which are protected by applicable intellectual and proprietary rights and laws.
Users may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit, any of the FindCapacity Content in whole or in part except as expressly authorized in writing by FindCapacity. FindCapacity does not grant any express or implied rights, and all rights in and to the Site and to FindCapacity’s Content are retained by FindCapacity.
Except as otherwise permitted by law, you agree not to display or use in any manner the FindCapacity Trademarks without FindCapacity's prior written consent.
If you believe that your work have been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify FindСapacity at email@example.com.
You must provide all of the following in writing: identify the copyrighted work that you claim has been infringed (or if multiple copyrighted works, then a representative list of such works); identify the content on the Service that you claim is infringing with enough detail so that FindCapacity may locate it; provide a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; provide a statement by you declaring that the notification is accurate, and, under penalty of perjury, that you are the exclusive owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; provide information reasonably sufficient to permit FindCapacity to contact you, such as an address, telephone number, and email address; and your physical or electronic signature.
Upon receipt of notice as described above, FindCapacity will take whatever action, in its sole discretion, it deems appropriately, including removal of the challenged use from the Service or termination of the posting account.
VII. LIABILITY LIMITATION; EXCLUSIVE REMEDIES FOR USERS
You acknowledge that FindCapacity cannot provide the Service at a reasonable price without limiting its liability as set forth herein, so, as an express condition of use of the Site or Service, you agree to limit FindCapacity’s potential liability to you as described in this clause. This limitation of liability is a fundamental element of the basis of the bargain between FindCapacity and you as a User.
To the extent permitted by applicable law, FindCapacity shall not be liable for any consequential, lost profits, special, or incidental damages resulting from your access to or use of or inability to access or use (including due to modification, suspension, blocking, discontinuance, cancellation, or termination of the Service or any part thereof)- the Site or Service, whether based on breach of contract, breach of warranty, tort (including negligence), or any other legal theory. Without limiting the foregoing, you specifically acknowledge that FindCapacity is not liable for the defamatory, offensive, infringing, breaching, fraudulent, or illegal conduct of other Users or third parties and that the risk of injury from the foregoing rests entirely with you. These limitations apply to any matter related to the Site, Service or its content; third party Internet sites, programs or conduct; viruses or other disabling features; incompatibility between the Service and other services, software, or hardware; and any delay or failure in initiating, conducting, or completing any transmission or transaction in connection with the Service in an accurate or timely manner. These limitations also apply even if this remedy does not fully compensate you for any losses, or fails its essential purpose; or even if FindCapacity knew or should have known about the possibility of the damages.
Some states, provinces and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to Users in these jurisdictions.
VIII. Special Admonitions for International Use
As a consequence of the global nature of the Internet, you agree to comply with all local rules and laws regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding obscene and indecent content and communications and those regarding the transmission of technical data exported from the United States or the country in which you reside.
IX. Notices; Jurisdiction and Enforcement of Service Agreement
Any notice from you to FindCapacity related to the Site or Service should be addressed to firstname.lastname@example.org
You understand and agree that this Service Agreement and any notices given pursuant to this Service Agreement are enforceable in electronic format. If FindCapacity must send you additional information regarding the Service by law, you consent to FindCapacity sending you this information in electronic form. FindCapacity may also provide required information to you by email at the address you registered with the Site or by access to www.findcapacity.com or another website designated in an email notice or generally designated in advance for this purpose. Notices provided to you via email will be deemed given and received on the transmission date.
In case any disputes or differences arise in connection with the fulfillment of these Terms, the User and the Site Administration will make every effort to resolve these by negotiations. Those disputes which are not resolved by negotiations are to be resolved according to the procedure established by effective Russian legislation.
If any provision of this Service Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; the remaining provisions will remain in full force and effect. Any party's failure to act with respect to a breach of this Agreement does not that party's rights to act subsequently. Users may not assign rights or delegate any duties under this Agreement. FindCapacity may assign rights or delegate duties under this Service Agreement in connection with a merger, reorganization, or sale of substantially all of its assets. This Service Agreement will bind successors and permitted assigns.
Think before you act
FindCapacity is a business network and cloud-based collaboration platform. We are aspire to create trustworthy environment for you to do business and communicate with colleagues, experts, and other members, but, like in real life, always take care whatever you do. When using FindCapacity, take the same amount of care as you would in a real-life situation.
What we won't do
We won't sell or share your information to anyone outside FindCapacity. We hate spam as much as you do, so we won't publish your email address. We also won't reveal your e-mail address (unless you choose to publish it to users). If someone wants to contact you, they'll have to use the FindCapacity messaging system, which will allow you to correspond without revealing your email address.
What we will do
The whole point of being a member of a business network is to let the world know about you. So that other users could find you in our catalogue, you need to tell something about yourself, like name, some personal data, your business appetites per lines of business, regions or industries and your company information. But we have an uncomplicated set of permissions, which consist mainly of "on" or "off." By default, we'll publish most of the information you provide on FindCapacity website, so you can get noticed. And you get to decide what that information is.
Share the data you want to
Use your Privacy settings to choose which contact data should be visible to specific members. You can, of course, edit your data sharing settings again at any time.
The Users’ personal data include:
- data that are provided by the Users and are minimally necessary for registering on the Site;
- data that are provided by the Users using the edit section for their Site;
- data that are provided by the Users additionally at the Site Administration’s request to enable the Site Administration to fulfill its obligations to the Users. Among other things, the Site Administration has the right to request that the User produce a copy of the identity document or another document containing the User’s name, surname, photograph as well as other additional information which, at the discretion of the Site Administration, is necessary and sufficient to identify such User and prevent abuses and infringements of third parties’ rights.
Other User information processed by FindCapacity
The site administration also processes other User information including:
standard data that are automatically received by the http-server when the User accesses the Site and takes further actions (IP-address of the host, type of the user’s operational system, Site pages visited by the User). Information containing the history of the User’s visits to the Site is available to the User in the My Settings / General / Your Page Security section;
information that is created by the users on the Site outside the page edit section (including messages, inquiries etc);
information that is received as the result of the User’s actions on the Site (in particular, joining / leaving a team, adding other Users to the partners list, participation / refusal to participate in meetings).
Processing of the user information
The personal data are processed according to the following principles:
a) lawful purposes and methods of personal data processing;
b) good faith;
c) the purposes of personal data processing meet the purposes determined in advance and declared at the time of personal data collection as well as to the Site Administration’s powers;
d) the scope and nature of the personal data being processed and the methods of personal data processing meet the purposes of personal data processing;
e) it is unacceptable to unify personal databases created for incompatible purposes.
Storage and use of personal data
The Users’ personal data are stored only on electronic media and are processed with the use of automated systems, except where a non-automated processing of personal data is necessary for connection with legal requirements.
Transfer of personal data
The Users’ personal data are provided on the request of government agencies (local self-government bodies) in such manner as provided by law.
Users’ information protection measures
FindCapacity takes technical, organizational and legal measures to ensure that the User’s personal data are protected from unauthorized or accidental access, deletion, modification, blocking, copying, dissemination as well as from other unauthorized actions.
To improve the Users’ information protection, FindCapacity uses SSL Certificates that provides a secure connection between user and web server.
Use a secure password
Access to the Site is authorized using the User’s login (e-mail address) and password. The User is responsible for keeping this information confidential. Never give your login data to third parties and make sure you use a secure password, i.e., not too short and including lower case letters, upper case letters, numbers and special characters. Do not use the name of your child, the place where you live, or the word "password". We recommend you also change your password from time to time.
Report suspicious profiles and contact requests
Please let us know if you suspect a FindCapacity member of being suspicious. You can inform us right away when you receive contact requests, messages and from the profile page using SPAM button or use Feedback form to get in touch with us.
Limitation of the Rules applicability
These Rules do not apply to the actions and Internet resources of third parties.
The Site Administration bears no liability for the actions of third parties which as the result of using the Internet or the Site Services obtained access to the User information in accordance with the confidentiality level selected by the User, for the consequences of use of the information which, due to the Site nature, is available to any Internet user. The Site Administration recommends that the Users take a responsible approach to the scope of their information posted on the Site.
Do you have any questions, requests or comments?
Do you have any questions, requests or comments? If so, please feel free to contact us via the contact form.