Last modified: 01.01.2021
Accessing Our Service and Account Security
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Service or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- To exploit, harm, or attempt to exploit or harm a minor person in any way by exposing them to inappropriate content, asking for their personally identifiable information, or otherwise.
- In any way that violates any federal, state, local, or international laws or regulations.
- To transmit, or cause the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate our Company, a Company employee, another user, or any other person or entity (including, without limitation, by using false e-mail addresses or screen names).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service, or expose them to liability.
Additionally, you agree not to:
- Use the Service in any manner that could disable, overburden, damage, or impair our website or interfere with any other person’s use of the Service, including their ability to engage in real time activities or transactions through the Service.
- Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
- Use any device, software, or routine that interferes with the proper working of the Service.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service, or otherwise attempt to interfere with the proper working of the Service.
The Service may contain functionality that permits you to post, submit, or display content or materials, including content or materials other users can view (“User Submissions”). All User Submissions must comply with the Content Restrictions set out below. Any such User Submissions you send through or post to our website will be considered non-confidential and non-proprietary. By providing such User Submissons, you grant us and our affiliates and service providers, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You represent and warrant that:
- You own or control all rights in and to your User Submissions and have the right to grant the license granted above.
You understand and acknowledge that you are responsible for any User Submissions you submit or contribute, and you, not the Company, will have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Submission posted by you or any other user of the Service.
These Content Restrictions apply to your use of our Service. Anything you submit through the Service must not:
- Be defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that any submission emanates from or is endorsed by us or any other person or entity, if that is not the case.
Intellectual Property Rights
The Service and its entire contents, features, and functionality, including but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by us or, where applicable, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Your computer or mobile device may temporarily store copies of such materials in its cache incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Internet browser for display enhancement purposes.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from our Service.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Service.
Our Company name, any Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or, as may be applicable, our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on our Service are the trademarks of their respective owners.
Copyright Infringement Policy
Reporting Claims of Copyright Infringement
If you believe that any User Submission violates your copyright, please see our Copyright Policy below for instructions on sending us a notice of copyright infringement.
Copyright Infringement Policy
We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials published on our Service infringe your copyright, you may request removal of those materials from the Service by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. §512) (“DMCA”), the written notice (“DMCA Notice”) must include the following items:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on our Service, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently detailed manner to allow us to locate the material. For example, a URL to the material on the Service.
- Sufficient information by which we can contact you (including your name, postal address, telephone number, and, if available, e-mail address).
- A statement that you have a good-faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written DMCA Notice is accurate
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Averia Electronics Inc. Attn: Gennady Spirin 142W 57th Street Floor 11 firstname.lastname@example.org
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective, which means we have no obligation to remove allegedly infringing content.
Please be aware that if you knowingly materially misrepresent that material or activity on the Service is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers of copyrights.
Monitoring and Enforcement; Termination
We reserve the right to:
- Remove or refuse to post any User Submissions for any or no reason at our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service.
YOU WAIVE AND HOLD HARMLESS OUR COMPANY AND ITS AFFILIATES, LICENSORS, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
We cannot and do not review all material before it is posted on the Service, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Reliance on Information Posted
The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.
The Service may include content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in such content and materials, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing such content or materials. Such content or materials do not necessarily reflect our opinion(s). We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Links from the Service
If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party services linked to from our Service, you do so entirely at your own risk and subject to the terms and conditions of use for such services.
As the owner of the Service, we are based in the State of New York in the United States. We provide this Service for use only by persons located in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICE LINKED TO IT.
YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE 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 A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Time to File Claims
Governing Law and Jurisdiction
Notice and Cure
In the event that either our Company or you have a claim against the other, before filing, commencing, or initiating any such claim in a lawsuit, arbitration, or other proceeding, the complaining party shall give the other party: (1) written notice of the claim describing in sufficient and reasonable detail the grounds for and facts supporting such claim; and (2) a reasonable good faith period of time of not less than thirty (30) days from receipt of such notice to cure, resolve, or rectify such claim without the necessity of a legal proceeding. Notice of any such claim can be sent to us at our address listed below (see “Contact Us” below). We will send any such notice to you to your address appearing in our records or, if you advise us that you are represented by an attorney, to your attorney’s office. If you or we fail to comply with this “Notice and Cure” provision before filing a lawsuit, arbitration, or other legal proceeding, that failure shall be deemed complete defense to all claims asserted in such proceeding.
Waiver and Severability
We may also periodically change or update the content on our Service, but the content is not necessarily complete or current at all times. Any of the content or material on the Service may be out of date at any given time, and we are under no obligation to update such material.
This Service is operated by Averia Electronics, Inc., 142 West 57th Street, 11th Floor, New York, New York 10019.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy set forth above in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: email@example.com