Terms and Conditions
Welcome to the SFERiX website (the "Site")!
These Terms and Conditions of Use (the "Terms of Use") apply to the SFERiX website located at sferixled.com, jointly managed by Front Pictures LLC and EKTA LTD (collectively “SFERiX”).
Acceptance of Terms
These Terms of Use ("Site Terms") impose conditions on your access to this Site and any use you make of it, so please read them carefully. They do not alter in any way the terms or conditions of any other agreement you may have with SFERiX, or their subsidiaries or affiliates for other products or services.
SFERiX reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modifications will be effective upon posting the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies occasionally to understand the terms and conditions that apply to your use of the Site.
BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE, OR OTHERWISE USE THIS SITE.
Questions or comments about the Site or its contents should be directed to info@sferixled.com
Privacy Policy
SFERiX strongly believes in protecting individual user privacy and providing notice of its collection and use of data, including personally identifying information, collected from the Site. Therefore, SFERiX has adopted a Privacy Policy that you should review to fully understand how SFERiX collects and uses information. This policy provides detailed information on our data collection practices and your rights regarding your personal information.
Site License and Access
SFERiX grants you a limited license to use the Site personally. Such grant does not include, without limitation: (a) any resale or commercial use of the Site, or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; (d) use of any data mining, robots, or similar data gathering and extraction methods.
Except as noted above, you have not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of SFERiX, or any third party. You may not use, frame, or utilize framing techniques to enclose any SFERiX’s trademark, logo, or other proprietary information (including the images found at this Site, the content of any text, or the layout/design of any page or form contained on a page) without SFERiX's express written consent. Further, without SFERiX's express written permission, you may not use any meta tags or any other "hidden text" utilizing Front Pictures, EKTA, or SFERiX names, trademarks, or product names. Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable laws, including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
Copyright
All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, graphics, pictures, sound files, and other files, and the selection and arrangement ("Materials") thereof are copyrighted, ALL RIGHTS RESERVED, by SFERiX, and/or third-party licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of SFERiX, or the respective copyright owner. Permission is granted to display, copy, distribute, and download the Materials on this Site for personal, non-commercial, and informational use only; provided that you may not, without the permission of SFERiX, or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials.
Copyright Complaints
SFERiX respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide SFERiX's copyright agent with the following written information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and e-mail address;
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;
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 also contact us for notice of claims of copyright infringement on this Site:
Front Pictures LLC
16 Lavrska Street
Kyiv, 01015, Ukraine
Tel: +38 044 333 8542
EKTA LTD
31 Turiska Street
Kyiv, 04080, Ukraine
Email: info@sferixled.com
Trademarks and Service Marks
Front Pictures, EKTA, and SFERiX are among the trademarks owned by SFERiX, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of SFERiX. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress owned by SFERiX, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of y SFERiX. All other trademarks, registered trademarks, product names, and company names or logos mentioned herein are the property of their respective owners.
Third-Party Content
This Site may, from time to time, include discussion forums and interactive areas, including bulletin board services ("BBS"). Any forums and interactive areas of the Site shall be used only for non-commercial purposes. By using the forums or interactive areas, you agree not to do any of the following:
Upload to, distribute, or otherwise publish through this Site any message, data, information, text, or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable;
Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or would otherwise create liability or violate any local, state, national, or international law;
Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such content;
Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
Without SFERiX's written permission, distribute or publish unsolicited promotions, advertising, or solicitations for funds, goods, or services, including junk mail and spam.
SFERiX takes no responsibility and assumes no liability for any content posted or uploaded by you or any third party or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As a provider of interactive services, SFERiX is only a forum and is not liable for any statements, representations, or content provided by its users. SFERiX has the right, but not the obligation, to monitor any activity and content associated with their forums and interactive areas. SFERiX may investigate any reported violation of their policies or complaints and take any appropriate action they deem appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted content. SFERiX reserves the right and has absolute discretion to remove, screen, or edit any Content that violates these provisions or is otherwise objectionable.
Responsibility for Your Conduct
You shall remain solely liable for the content of any messages or other information you upload or transmit to this Site, including the discussion forums or interactive areas of the Site. You agree to indemnify and hold harmless SFERiX from any claim, action, demand, loss, or damages (including attorney's fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Site Terms, or your violation of any rights of a third party.
Linking
Links to the Site. You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray SFERiX or any of their products and services in a false, misleading, derogatory, or otherwise defamatory manner. You may not use a Front Pictures, EKTA, or SFERiX logo or other proprietary graphic or trademark of SFERiX to link to this Site without the express written permission of SFERiX. This limited right may be revoked at any time.
Third-Party Links. SFERiX makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party sites accessible by hyperlink from this Site, or third-party sites linking to this Site. The third-party linked sites are not under the control of SFERiX, and SFERiX is not responsible for the content of any third-party linked site or any link contained in a third-party linked site or any review, changes, or updates to such sites. SFERiX is providing these links to you only as a convenience, and including any link does not imply affiliation, endorsement, or adoption by SFERiX of the Site or any information contained therein. When leaving the SFERiX Site, you should be aware that SFERiX’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that Site.
General Submissions
Do not use this Site as a means of submitting information you consider to be proprietary. Confidential and proprietary information should be submitted only in connection with those SFERiX Sites specifically allowing and providing for its receipt and protection. Except as otherwise expressly provided in terms of use for your transactions with a SFERiX Site or in a written agreement with SFERiX applicable to your particular use of a SFERiX Site, any submission of materials by you will be considered a contribution to SFERiX for further use in their sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information, provided by you in the form of e-mail or submissions to SFERiX, or postings on this Site, are non-confidential (subject to the Front Pictures Privacy Policy) and shall become the sole property of SFERiX. SFERiX shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Submitting any materials to SFERiX, including posting materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
Export Restrictions
SFERiX and all underlying information and technology downloaded from this Site are controlled and offered by SFERiX from Ukraine. SFERiX makes no representations that all underlying information and technology are appropriate for use in other locations. Those who access or use from other locations do so at their own risk and are responsible for compliance with local law.
Press Releases
The information contained within press releases issued by SFERiX should not be deemed accurate or current except as of the date the release was posted. SFERiX has no intention of updating and specifically disclaims any duty to update the information in the press releases. 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.
Disclaimers
"AS IS" BASIS. THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA, OR SOFTWARE DISTRIBUTED BY, DOWNLOADED, OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.
WARRANTY DISCLAIMER. SFERiX DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES, AND PRODUCTS ON THE SITE. SFERiX DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. SFERiX IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE SFERiX ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE ARE SAFE, SFERiX CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SFERiX reserves the right to change any and all content on this Site at any time without notice. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by SFERiX.
Limitation of Liability
IN NO EVENT SHALL SFERiX BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SFERiX (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF SFERiX SITE EXCEED $5.00 OR THE COMPENSATION YOU PAID SFERiX, WHICHEVER IS LESS.
Applicable Law and Venue
These terms and conditions shall be governed by and construed in accordance with the laws of Ukraine, applicable to agreements made and entirely to be performed within Ukraine, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the Commercial Court of Kyiv, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such court over any suit, action, or proceeding arising out of these terms and conditions.
Termination
Notwithstanding any of these terms and conditions, SFERiX reserves the right, without notice and in their sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.
Severability
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Social Media
Our social media pages/channels (Facebook, Twitter, Instagram, LinkedIn, Pinterest, Flickr, YouTube, and Vimeo) ("Sites") are a place for you to learn more about SFERiX, FP, and EKTA. SFERiX is not responsible for third-party content posted or appearing on these Sites, including but not limited to content and links posted by users. SFERiX is not responsible for and does not control or endorse third-party content. SFERiX also makes no representations regarding the accuracy of content, information, opinions, claims, or advice shared by SFERiX followers. SFERiX does not condone or allow the use of social media community space for content not related to SFERiX. We reserve the right to remove postings that are: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of copyright or intellectual property laws; (d) contain advertising or SPAM; (e) and any other content that SFERiX may deem inappropriate. SFERiX reserves the right to ban and block individuals who do not follow these basic rules of engagement. We are excited that you've decided to visit our social media pages/channels and look forward to sharing our stories with you. When visiting SFERiX's social media pages/channels on these Sites, you should also be aware and familiarize yourself with the site owner's terms of service as posted on the Sites.
Feedback and Information
Any feedback you provide at this Site shall be deemed to be non-confidential. SFERiX shall be free to use such information on an unrestricted basis.
Front Pictures LLC
16 Lavrska Street
Kyiv, 01015, Ukraine
Tel: +38 044 333 8542
EKTA LTD
31 Turivska Street
Kyiv, 04080, Ukraine
Email: info@sferixled.com