Terms of Use

Effective December 1st 2019


INTRODUCTION AND ACCEPTANCE


Ernest Piatrovich, IE (“Ernest”, “I”, and “my”) offers you access to its interactive online websites, applications and services. These Terms of Use, and any additional terms which might apply to certain products or services, govern your use of my websites (“Website”) or any of my widgets or other applications (“Applications”) – together, my “Services”. My Services include https://www.presetsx.com/ and all other locations on which we place these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING MY SERVICES. BY USING ANY OF MY SERVICES (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN SECTION TITLED “AMENDMENTS; ADDITIONAL TERMS”. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE MY SERVICES.


INTELLECTUAL PROPERTY


My Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all artwork, text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through me Services (collectively, the “Service Content”) and all intellectual property rights to the same are owned by me, my licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear in my Services are owned by me, my licensors, or identified third parties. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in my Services or any Service Content. Any rights not expressly granted in these Terms of Use are expressly reserved.


ACCESS AND USE


A. My Services are provided for your personal, non-commercial use only. I may offer certain portions of my Services at no charge and others for a one-time fee, on a subscription basis or under any other lawful pricing structure. In all instances, my Services are not being sold to you; rather, you are being granted or purchasing a limited license to use my Services. In addition, unless I specifically tell you otherwise, the use of any of my paid Services does not transfer across operating systems and/or different equipment (e.g., mobile devices, computers, etc.). For example, unless I specifically tell you otherwise, the use of my mobile Application is limited to the relevant device and/or operating system you are using at the time you purchase a license to use the Application. B. When using my Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Use or as I may otherwise permit, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Service Content for any purpose whatsoever without obtaining prior written consent from me or, in the case of third party content, its applicable owner. In certain instances, I may suggest, ask or otherwise permit you to download, install or print Service Content. In such a case, you may do so only in the manner authorized and for your non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading, installing or printing Service Content. C. Furthermore, except as expressly permitted in these Terms of Use, you may not: (i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice I include in or through my Services or Service Content; (ii) circumvent, disable or otherwise interfere with my security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service Content; (iii) use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Service Content for any purpose without my express written permission; (iv) collect or harvest any personally identifiable information from my Services including, without limitation, user names, passwords, email addresses; (v) solicit other users to join or become members of any commercial online service or other organization without my prior written approval; (vi) attempt to or interfere with the proper working of my Services or impair, overburden, or disable the same; (vii) decompile, reverse engineer, or disassemble any portion of my software or other Service Content, or my Services; (viii) use network-monitoring software to determine architecture of or extract usage data from my Services; (ix) enourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership (as defined below)); (x) violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or (xi) engage in any conduct that restricts or inhibits any other user from using or enjoying my Services. D. You agree to fully cooperate with me to investigate any suspected or actual activity that is in breach of these Terms of Use.


SERVICE CONTENT & THIRD PARTY LINKS


A. I provide my Services including, without limitation, Service Content for educational, entertainment and/or promotional purposes only. You may not rely on any information and opinions expressed through any of my Services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Under no circumstances will I be liable for any loss or damage caused by your reliance on any Service Content. B. In many instances, Service Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. I do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through my Services by anyone other than me C. My Services may link or contain links to other websites maintained by third parties. I do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. I am not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.


INDEMNIFICATION


You agree to indemnify and hold harmless Ernest Piatrovich and his parents, partners, distribution partners, contractors, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your use of my Services; (ii) User Content provided by you or through use of your Membership; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to me; or (v) your acts or omissions. You agree to cooperate fully with me in the defense of any claim that is the subject of your obligations hereunder.


DISCLAIMER OF WARRANTIES


A. YOU EXPRESSLY AGREE THAT USE OF MY SERVICES IS AT YOUR SOLE RISK. MY SERVICES AND SERVICE CONTENT (INCLUDING SOFTWARE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, ERNEST PIATROVICH AND HIS PARENTS, PARTNERS, DISTRIBUTION PARTNERS, CONTRACTORS, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT my SERVICES WILL MEET your REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF my SERVICES OR SERVICE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH my SERVICES; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF my SERVICES; (6) WARRANTIES THAT YOUR USE OF MY SERVICES WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN MY SERVICES OR SERVICE CONTENT (INCLUDING SOFTWARE) WILL BE CORRECTED.


LIMITATION ON LIABILITY


A. UNDER NO CIRCUMSTANCES SHALL ERNEST PIATROVICH OR HIS PARENTS, PARTNERS, DISTRIBUTION PARTNERS, CONTRACTORS, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH my SERVICES OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH my SERVICES INCLUDING, WITHOUT LIMITATION, SERVICE CONTENT IS TO STOP USING my SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF GOODS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH my SERVICES OR ANY LINKS PLACED IN MY SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH MY SERVICES OR ANY LINKS PLACED IN MY SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD PARTY OR CONDUCT OF A THIRD PARTY USING MY SERVICES. B. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF ERNEST PIATROVICH AND HIS PARENTS, PARTNERS, DISTRIBUTION PARTNERS, CONTRACTORS, AND THEIR RELATED COMPANIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY ERNEST PIATROVICH DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF my SERVICES OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. C. In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.


TERMINATION


A. I reserve the right in my sole discretion and at any time to terminate or suspend your Membership and/or block your use of my Services for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that Ernest Piatrovich is not liable to you or any third party for any termination or suspension of your Membership or for blocking your use of my Services. B. Any suspension or termination shall not affect your obligations to me under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, and all of the provisions in the Section titled “MISCELLANEOUS”.


COPYRIGHT POLICY


A. I respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at my sole discretion, I may terminate and/or disable the Membership of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in my sole discretion, I may remove or disable access to material on any of my websites or hosted on my systems that may be infringing or the subject of infringing activity. B. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), I will respond promptly to claims of copyright infringement that are reported to me. If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to me by providing a written notification of claimed infringement that includes substantially the following: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit me to locate the material. (iv) Information reasonably sufficient to permit me to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.


CHOICE OF LAW; JURISDICTION AND VENUE


These Terms of Use shall be construed in accordance with the laws of Belarus without regard to its conflict of laws rules. Any legal proceedings against Me that may arise out of, relate to, or be in any way connected with my Website or these Terms of Use shall be brought exclusively in the state and federal courts of Belarus and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.


AMENDMENT; ADDITIONAL TERMS


A. I reserve the right in my sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of my Services or to modify these Terms of Use. In addition, I reserve the right to provide you with operating rules or additional terms that may govern your use of my Services generally, unique of my Services, or both (“Additional Terms”). Any Additional Terms that my may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control. B. Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website, notification by email or through any of my Applications. It is your responsibility to review the Terms of Use from time to time for any changes or Additional Terms. your access and use of my Services following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of my Services and, if applicable, terminate your Membership


MISCELLANEOUS


A. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. B. Except where specifically stated otherwise, if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected. C. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter. D. You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without my prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. my may assign these Terms of Use or any rights hereunder without your consent and without notice.


CONTACT INFORMATION


If you have any questions or concerns about my Terms of Use, please contact me at: ernest.piatrovich@gmail.com or through the website support form.

 

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