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Terms of Use

Last update: November 11, 2021

Welcome to our Terms of Use! We designed this document to govern your use of our website located at https://sferatron.com (together or individually "Service") operated by Sferatron.

This terms ("Terms of Service", "Terms and Conditions", "Terms") is a legally binding agreement between you ("User", "you" or "your") and this Service ("Sferatron", "Website", "we", "us" or "our").

Your agreement with us includes these Terms and our Privacy Policy ("Agreements"). You acknowledge that you have read and understood Agreements, and agree to be bound of them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service. These Terms apply to all visitors, users and others who wish to access or use Service.

By using our Service, you agree to our policy regarding service information messages, system notifications, marketing or promotional materials and other information that the Service may send you. The Service may interact with you in the following ways:

2.1.  Inform using system notifications through the interfaces of the Service;

2.2.  Display extremely important informers at the top of the Service;

2.3.  Through system and warning messages in private chats to ensure your safety;

2.4.  By displaying educational stickers on any pages of the Website;

2.5.  Through promotional materials of our own products displayed on the pages of the Website (in profiles, catalogs, publications, services, chats, account settings).

Service and system communications are important and help the Service to fulfill Agreements with users, as well as contribute to the quality development of the Service, therefore they cannot be disabled.

News, updates and special offers can be sent to you at the specified mail and you can refuse it by using the links to unsubscribe from such email newsletters.

Service and promotional content, as well as special offers with information about discounts, promotions, contests, gifts and sales will not be delivered to you at the specified contacts, unless you indicate a clear need for this using the appropriate automatic feedback settings.

Next, we will talk about those business contacts that you indicate to promote your services and products, to work with your audience, clients, customers and partners in the appropriate Links / Resources section or on the pages of content that you create.

2.6.  We declare Taboo and our principle not to use your promotional contacts for our business or marketing, as well as as an alternative way to start a new dialogue with you for any reason. An exception to this rule can only be if you yourself use such contacts to contact us about solving your needs and requests through correspondence with technical support or with a content manager or with a sales department. As you might guess, using such data for our own purposes or selling it – is a great temptation for any social platform. But for us this is Taboo.

However, you should understand that business contacts that you publish may also be used by spammers, scammers, automated ad bots, search engines, third-party services and people who do not share our philosophy and knowingly violate these Terms and Conditions. By publishing business contacts for promotion on our Website, you are aware of all the risks and assume responsibility for all possible consequences. We strongly recommend not to use your personal phone numbers and mail for business and promotion on the open Internet.

For our part, we are committed to making every effort to:

2.7.  Do not abuse your attention and trust;

2.8.  Maintain a reasonable balance between comfort during your stay on the site and awareness of the wide possibilities of the service and important updates;

2.9.  Take into account public opinion about the level of comfort and consider ideas for improving it;

2.10.  Develop functionality to increase the privacy levels of promo contacts you publish.

2.11.  Test and use everything we develop and offer to our clients – in our own daily practice. Our team has its own negative experience with various web resources that violate personal digital space without our knowledge, and we do not plan to reproduce such experience in this Service for our beloved users.

All our employees, developers and managers are on equal terms with all users and receive exactly the same level of service information support, as well as functionality for its optimization, as all our clients.

If you wish to purchase any product or service made available through Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.

You represent and warrant that:

3.1.  You have the legal right to use any card(s) or other payment method(s) in connection with any Purchase;

3.2.  The information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to:

3.3.  Product or service availability;

3.4.  Errors in the description or price of the product or service;

3.5.  Error in your order or other reasons;

3.6.  If fraud or an unauthorized or illegal transaction is suspected.

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

Some parts of Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or our Service cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting sferatron@gmail.com customer support team.

A valid payment method is required to process the payment for your subscription. You shall provide Service with accurate and complete billing information that may include but not limited to full name, address, state, postal or zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Service to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Service reserves the right to terminate your access to the Service with immediate effect.

Service may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for Free Trial.

If you do enter your billing information when signing up for Free Trial, you will not be charged by Service until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Service reserves the right to:

6.1.  Modify Terms of Service of Free Trial offer

6.2.  Cancel such Free Trial offer.

Service, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Service will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

We issue refunds for Contracts within 7 days of the original purchase of the Contract.

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.

By posting Content on or through Service, You represent and warrant that:

9.1.  Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms

9.2.  Posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.

Service has the right but not the obligation to monitor and edit all Content provided by users, for example, to protect users from spam and malicious comments.

By agreeing to the Terms of Use of the Service, you accept the fact that we live in the information age, where artificial and natural barriers, such as linguistic, cultural, racial, political and technological, have ceased to be an obstacle for the existence of users of all countries of the world in a single Internet space.

To ensure the most comfortable level of peaceful co-existence in our community, we choose a format of activity outside of politics and political discussions. In this regard but not only due to this, here is not allowed:

10.1.  Discrimination on various grounds (religious, political, racial, gender, gender, age, cultural, philosophical, etc.)

10.2.  Purposeful destructive separation of people in any form;

10.3.  Conscious and deliberate manifestations of racial hatred, national enmity, proclamation of superiority in any form and separatist sentiments;

10.4.  Threats, calls for violence, calls for the destruction and seizure of institutions;

10.5.  Incorrect and offensive historical identification of individuals;

10.6.  Personal bullying, blackmail, psychological abuse, trolling, bullying, gaslighting, trash talk;

10.7.  Insulting the feelings of believers and atheists;

10.8.  Pursuit and coordinated attack of all sorts of organizations or communities of different cultural trends, styles and genres.

10.9.  Personal destructive and deviant behavior towards other community members.

10.10.  Political content published outside the communities of official state political and diplomatic organizations, where, with the consent of the owner of the portal, this kind of content and socio-political discussions may be allowed.

10.11.  Romanticization, glorification and justification of destructive antisocial behavior.

10.12.  Anti-scientific content and conspiracy theory propaganda.

As we know, contemporary world art allows the use of special linguistic means and creative tools for modeling, imitating, recreating and interpreting events and psychological states in the viewer. Such art pursues the goal of updating public discussions from generation to generation, creating a public resonance for memories and comprehension of historical events, which should not be forgotten in order to avoid repeating the mistakes of the past.

Such art almost always provokes and will provoke social friction, creating an emotional conflict between people of different nations, cultures, religions, philosophies that have opposite, sometimes uncompromising points of view, as well as their own beliefs and interests.

By continuing to use the site, you express your willingness to tolerate or respect different points of view and art that arouses controversial feelings. Such content is permissible, does not contradict the rest of the rules for using the resource and is not prohibited at the state level.

Some licensed or exclusive Content found on or created through this Service are the property of its authors ("Creators") or used with permission of them. Such content has special copyright markers and notes or it is only available by subscription. You may not distribute, modify, transmit, reuse, download, repost, copy, or use such type of Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from content Creators.

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

12.1.  In any way that violates any applicable national or international law or regulation.

12.2.  For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

12.3.  To transmit, or procure the sending of, any unsolicited (unasked) advertising or promotional material, including "junk mail", "chain letter," "spam," or any other similar solicitation.

12.4.  To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

12.5.  In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

12.6.  To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

12.7.  Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.

12.8.  Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service. The only exceptions are our own automation technologies that have the current version and license for use.

12.9.  Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

12.10.  Use any device, software, or routine that interferes with the proper working of Service.

12.11.  Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

12.12.  Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

12.13.  Attack Service via a denial-of-service attack or a distributed denial-of-service attack (DDoS).

12.14.  Take any action that may damage or falsify Company rating.

12.15.  Otherwise attempt to interfere with the proper working of Service.

We may use third-party Service Providers to monitor and analyze the use of our Service.

Service is intended only for access and use by individuals at least thirteen (13) years old. By accessing or using Service, you warrant and represent that you are at least thirteen (13) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least thirteen (13) years old, you are prohibited from both the access and usage of Service.

When you create an account with us, you guarantee that you are above the age of 13, and that the information you provide us falls under the definition Fair Use.

Inaccurate, incomplete, or obsolete information while using payed features may result in the immediate termination of payed functions or your termination of account on Service.

You are solely responsible for maintaining confidentiality to yourself and your environment of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, obscene or destroys the integrity or spoils the visual style of interfaces.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Website and content creators / licensors. Service is protected by worldwide copyright laws. Our label can not be used in connection with any product or service without the prior written consent of the owner of the copyright work.

We respect the intellectual property rights of all creators. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to sferatron@gmail.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims".

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

18.1.  An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

18.2.  A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

18.3.  Identification of the URL or other specific location on Service where the material that you claim is infringing is located;

18.4.  Your address, telephone number, and email address;

18.5.  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;

18.6.  A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at sferatron@gmail.com.

You may provide us either directly at sferatron@gmail.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service ("Feedback"). You acknowledge and agree that:

19.1.  You shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback;

19.2.  Company may have development ideas similar to the Feedback;

19.3.  Feedback does not contain confidential information or proprietary information from you or any third party;

19.4.  Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

Our Service may contain links to third party web sites or services that are not owned or controlled by us.

We has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

THESE SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you want to terminate your account, you can do it yourself using settings of your account or just discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

These Terms shall be governed and construed in accordance with the laws of United States, which governing law applies to agreement without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held by a court to be invalid or unenforceable in any context of the event, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically, as they are binding on you. We will notify you of any changes in the most noticeable and accessible way.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

Please send your feedback, comments, requests for technical support by email: sferatron@gmail.com.

Теги:   Agreements  •  Terms  •  Conditions  •  Sferatron  •  Documents

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