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Terms of
Use
Revised December 2005
Acceptance of Terms
Welcome to the VimpelCom.com web site. Open Joint Stock Company
"Vimpel-Communications," together with its subsidiaries and
affiliates (collectively, "VimpelCom"), makes information available
to you on this web site subject to the following terms. PLEASE READ
THEM CAREFULLY. By accessing, browsing or using this web site, you
agree to be bound by the terms described herein and all documents,
policies and guidelines incorporated by reference. If you do not
agree to these terms, you may not use this web site.
Privacy
VimpelCom believes strongly in protecting user privacy and
providing you notice of VimpelCom's collection and use of data,
including personally identifying information, collected for this
web site. Please review our Privacy Policy, which also governs your
visit to this web site, to learn about our practices.
Use of this Web Site
VimpelCom grants you a limited license to access and make personal
and noncommercial use of this web site. You may not download (other
than page caching) or modify it, or any portion of it, except with
the express written consent of VimpelCom. This web site or any
portion of this web site may not be reproduced, duplicated, copied,
sold, resold, visited or otherwise exploited for any commercial
purpose without the express written consent of VimpelCom. You may
not frame or utilize framing techniques to enclose any trademark,
logo or other proprietary information (including images, text, page
layout or form) of VimpelCom without our express written consent.
You may not use any meta tags or any other "hidden text" utilizing
VimpelCom's name or trademarks without the express written consent
of VimpelCom. Any unauthorized use of this web site terminates the
permission or license granted to you by VimpelCom.
To the extent VimpelCom has the right to do so without compensation
to third parties, and except for materials or information
specifically provided under other terms, VimpelCom grants you
permission to display and electronically copy, download and print
hard copy information and materials (including related graphics)
contained on the web site, provided:
- The materials are for internal, noncommercial use only;
and
- You do not modify or delete any copyright, trademark or other
proprietary notice.
Documents posted by VimpelCom on this web site may contain other
proprietary notices or describe other products, services, processes
or technologies owned by VimpelCom or third parties. Nothing
contained herein shall be construed by implication, estoppels or
otherwise as granting to the user a license under any copyright,
trademark, patent or other intellectual property right of VimpelCom
or any third party.
Copyright
All content on this web site, such as text, graphics, logos, button
icons, images and audio clips, is the property of VimpelCom or its
content suppliers. Unless specifically permitted, no portion of
this web site may be distributed or reproduced by any means, in any
form, without VimpelCom's express written consent.
Copyright Notice
© 2002-2005 Open Joint Stock Company "Vimpel-Communications," 10, 8
Marta Street, Moscow, Russia 127083. All rights reserved.
Trademarks
VimpelCom's product and service names, including, but not limited
to, the Beeline, BeeOffice, BeePay, BeeInfo, BeeOnLine, K-Mobile
and EXCESS, design marks and slogans are registered and
unregistered trademarks and service marks and may not be copied,
imitated or used, in whole or in part, without the express written
consent of VimpelCom. VimpelCom's trademarks may be used publicly
only with the express written consent of VimpelCom and may not be
used in connection with any product or service that is not
VimpelCom's, in any matter that may cause confusion among
customers, or in any manner that disparages or discredits
VimpelCom. Fair use of VimpelCom's trademarks in advertising and
promotion of VimpelCom and its products and services requires
proper acknowledgement by VimpelCom.
Disclaimer
VIMPELCOM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR COMPLETENESS OF THIS WEB SITE'S CONTENT. THIS WEB SITE AND THE
MATERIALS, INFORMATION AND SERVICES IN THIS WEB SITE, INCLUDING,
WITHOUT LIMITATION, TEXT, GRAPHICS AND LINKS, ARE PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
VIMPELCOM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM
FROM COMPUTER VIRUS AND WARRANTIES ARISING FROM COURSE OF DEALING
OR COURSE OF PERFORMANCE. VIMPELCOM DOES NOT REPRESENT OR WARRANT
THAT THE FUNCTIONS CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED,
ERROR-FREE OR FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD-PARTY
HACKERS OR DENIAL OF SERVICE ATTACKS), THAT DEFECTS WILL BE
CORRECTED OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKE THE WEB
SITE AVAILABLE ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN
HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE
PROPERTIES. VIMPELCOM DOES NOT MAKE ANY WARRANTIES OR
REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEB SITE
IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY,
USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN ADDITION TO
THE ABOVE, YOU (AND NOT VIMPELCOM) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION.
IN CERTAIN JURISDICTIONS AND STATES, THE LAW MAY NOT PERMIT THE
DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO
YOU.
Limitation of Liability
IN NO EVENT SHALL VIMPELCOM BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER, EVEN IF VIMPELCOM HAS BEEN PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION
UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR
IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE
INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS
WEB SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE
OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME
JURISDICTIONS AND STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend and hold harmless VimpelCom, its
officers, directors, employees, agents, licensors, suppliers and
any third party information providers to the web site from and
against all losses, expenses, damages and costs, including
reasonable attorneys' fees and court costs, resulting from any
violation of these terms of use (including, but not limited to,
negligent or wrongful conduct) by you. VimpelCom reserves the
right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you,
in which event you will cooperate with VimpelCom in asserting any
available defenses.
Linking
Linking to this Web Site
You are granted a limited, nonexclusive right to create a hypertext
link to the homepage of this web site, provided such link does not
portray VimpelCom or any of its products and services in a false,
misleading, derogatory or otherwise defamatory manner. You may not
use a VimpelCom logo or other proprietary graphic or trademark of
VimpelCom to link to the web site without our express written
consent. This limited right may be revoked at any time.
Third-Party Links
This web site may provide access to other Internet sites. VimpelCom
does not control these web sites and you access them solely at your
own risk. VimpelCom is providing these links to you only as a
convenience, and the inclusion of any link does not imply
affiliation, endorsement or adoption by VimpelCom of the web site
or any information contained therein. When leaving the VimpelCom
web site, you should be aware that VimpelCom's terms and policies
no longer govern and, therefore, visitors to any third party web
sites are urged and expected to abide by the terms of use and
privacy policies of that particular third party web site. Check the
Uniform Resource Locator (URL) address provided in your browser to
determine if you are still in VimpelCom's web site or have moved to
another web site.
Financial Material Disclosure
Forward-Looking Statements
This web site contains "forward-looking statements" as this phrase
is defined in Section 27A of the U.S. Securities Act of 1933, as
amended, and Section 21E of the U.S. Securities Exchange Act of
1934, as amended. Forward-looking statements are not historical
facts and can often be identified by the use of terms like
"estimates," "projects," "anticipates," "expects," "intends,"
"believes," "will," "may," "should" or the negative of these terms.
All forward-looking statements, including discussions of strategy,
plans, objectives, goals and future events or performance, involve
risks and uncertainties. Forward-looking statements include, but
are not limited to statements made as to our future operations,
costs, capital expenditures and cash flow; our expansion plans and
projections; our ability to successfully challenge suits, including
lawsuits and tax disputes; future plans regarding our subscriber
base, new products and services and tariff structures; risks
associated with the telecommunications industry and operating in
Russia and the Confederation of Independent States; and other
statements regarding matters that are not historical facts. These
forward looking statements are based on our current expectations.
Known and unknown internal and external risks and uncertainties may
cause the actual results to be materially different from those
expressed or implied by the forward-looking statements. The
information contained in the most recent Form 20-F filed by
VimpelCom with the Securities and Exchange Commission, including
information contained under the sections captioned "Operating and
Financial Review and Prospects" and "Risk Factors," as well as in
other VimpelCom filings and submissions with the Securities and
Exchange Commission, identifies important factors that could cause
actual results to differ from those contemplated by forward-looking
statements. VimpelCom undertakes no obligation to update
forward-looking statements to reflect events or circumstances that
occur after the date the statements were made.
VimpelCom Securities
We are not providing investment advice through this web site, and
the material on the web site should not be regarded as an offer to
sell, or a solicitation of an offer to buy, any securities of
VimpelCom. If you decide to use any material available on the web
site in assessing whether to buy or sell securities of VimpelCom,
please be aware that the material on the web site reflects past
performance and historical information only and that such
performance and information is not necessarily an indication of
future performance.
Press Releases and Presentations
The information contained within VimpelCom's press releases and
presentations should not be deemed accurate or current except as of
the date of each press release and presentation. VimpelCom has no
intention of updating, and specifically disclaims any duty to
update, the information in its press releases and presentations. To
the extent any information therein is forward-looking, it is
intended to fit within the safe harbor for forward-looking
statements, and is subject to material risk.
Jurisdiction
VimpelCom controls and operates this web site from the company's
headquarters in Moscow, Russia. We in no way warrant or imply that
the materials on the web site are appropriate for use outside of
the Russian Federation. If you use the web site from a location
outside of the Russian Federation, you are solely responsible for
compliance with any applicable local laws.
Modification or Termination of Web Site
and Terms of Use
By providing material on this web site, VimpelCom does not promise
that the materials will remain available to you. VimpelCom is
entitled to terminate all or any portion of this web site at any
time and without notice to you. VimpelCom also reserves the right
to change the terms, conditions, and notices under which this web
site is offered, and your use of the web site following any such
changes shall be deemed to constitute your consent to such modified
terms of use. You agree to regularly review these terms of use to
verify whether they have been changed.
Miscellaneous
Severability
If any provision of these terms of use is unlawful, void or for any
reason unenforceable, then that provision shall be deemed severable
from these terms and shall not affect the validity and
enforceability of any remaining provisions.
Enforceability and Admissibility
This electronic document and any other electronic documents,
policies, and guidelines incorporated herein will be: (a) deemed
for all purposes to be a "writing" or "in writing," and to comply
with all statutory, contractual, and other legal requirements for a
writing; (b) legally enforceable as a signed writing as against the
parties subject to the electronic documents; and (c) deemed an
"original" when printed from electronic records established and
maintained in the ordinary course of business. Electronic documents
introduced as evidence in any judicial, arbitration, mediation, or
administrative proceeding will, if established and maintained in
the ordinary course of business, be admissible to the same extent
as business records in written form that are similarly established
and maintained.
Other
VimpelCom's failure to insist upon or enforce strict performance of
any provision of this agreement shall not be construed as a waiver
of any provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any provision of
these terms. VimpelCom may assign its rights and duties under this
agreement to any party at any time without notice to you.
Privacy Policy
Revised December 2005
Open Joint Stock Company "Vimpel-Communications," together with its
affiliates and subsidiaries ("VimpelCom"), has adopted the
following privacy policy to address the privacy concerns of the
visitors to its web site. As a general policy, no personal
information is automatically collected from visitors to this web
site. However, certain non-personal information of visitors
relating to web traffic is recorded by the standard operation of
VimpelCom's Internet servers. This information is primarily used to
provide an enhanced online experience for the visitor. Information
tracked includes the pages most frequently requested, the number of
requests per page, the type of browser being used by the visitor,
the type of operating system in use by the visitor and the domain
name of the visitor's Internet service provider. By having this
information, web pages optimized for a particular visitor's
computer are automatically made available to that visitor. Other
use of this information may include internal review of the number
of visitors to this web site, but only in an aggregate and
non-personally-identifiable form.
Visitors to this web site may be asked to voluntarily supply
certain personally identifying information such as e-mail
addresses, postal addresses and phone numbers. Such personally
identifiable data about visitors to this web site are known to
VimpelCom only when voluntarily submitted by the users. VimpelCom
will only use personally identifiable data provided at this web
site for the purposes described at the time it is collected (for
example, the e-mail addresses visitors provide in order to receive
e-mail alerts will only be used for the purpose of sending these
e-mail alerts). Users may opt-out of any opt-in alerts to which
they have subscribed by selecting the opt-out option, which will be
included in each e-mail alert.
VimpelCom may share your personal information with third party
business partners only to provide you with the services or
additional information about VimpelCom that you have requested
(e.g. sending targeted e-mails, fulfilling information requests and
conducting surveys on behalf of VimpelCom). Any third party web
sites linked to from this web site may have different privacy
policies and practices. You should carefully review these other web
sites' privacy policies in order to determine how each web site may
use any personal information you provide. If you have any questions
or concerns about this privacy policy, please e-mail Investor_Relations@VimpelCom.com.
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