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14 ol, 21 <h1>Terms of Service</h1>
15 p { 22 <p><strong>TERMS OF SERVICE</strong></p>
16 margin: 0.5rem 0; 23 <p></p>
17 } 24 <p>Last updated:&nbsp;April 24, 2022</p>
18 </style> 25 <ul>
19</head> 26 <li>
20 27 <strong><u>Introduction</u></strong>
21<body> 28 </li>
22 <h1>Terms of Service</h1> 29 </ul>
23 <p><strong>TERMS OF SERVICE</strong></p> 30 <p>
24 <p></p> 31 Welcome to&nbsp;<strong>Ferdium</strong>
25 <p>Last updated:&nbsp;April 24, 2022</p> 32 (&ldquo;<strong>Company</strong>&rdquo;,
26 <ul> 33 &ldquo;<strong>we</strong>&rdquo;, &ldquo;<strong>our</strong>&rdquo;,
27 <li><strong><u>Introduction</u></strong></li> 34 &ldquo;<strong>us</strong>&rdquo;)! As you have just clicked to our Terms
28 </ul> 35 of Service, please make a pause, grab a cup of coffee and carefully read
29 <p>Welcome to&nbsp;<strong>Ferdium</strong> (&ldquo;<strong>Company</strong>&rdquo;, &ldquo;<strong>we</strong>&rdquo;, 36 the following pages. It will take you approximately 20&nbsp;minutes.
30 &ldquo;<strong>our</strong>&rdquo;, &ldquo;<strong>us</strong>&rdquo;)! As you have just clicked to our Terms of 37 </p>
31 Service, please make a pause, grab a cup of coffee and carefully read the following pages. It will take you 38 <p>
32 approximately 20&nbsp;minutes.</p> 39 These Terms of Service (&ldquo;<strong>Terms</strong>&rdquo;,
33 <p>These Terms of Service (&ldquo;<strong>Terms</strong>&rdquo;, &ldquo;<strong>Terms of Service</strong>&rdquo;) 40 &ldquo;<strong>Terms of Service</strong>&rdquo;) govern your use
34 govern your use of&nbsp;our mobile application&nbsp;Ferdium&nbsp;operated by Ferdium.</p> 41 of&nbsp;our mobile application&nbsp;Ferdium&nbsp;operated by Ferdium.
35 <p>Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose 42 </p>
36 information that results from your use of our web pages. Please read it here https://api.ferdium.org/privacy.</p> 43 <p>
37 <p>Your agreement with us includes these Terms&nbsp;and our Privacy 44 Our Privacy Policy also governs your use of our Service and explains how
38 Policy&nbsp;(&ldquo;<strong>Agreements</strong>&rdquo;). You acknowledge that you have read and understood 45 we collect, safeguard and disclose information that results from your use
39 Agreements, and agree to be bound of them.</p> 46 of our web pages. Please read it here https://api.ferdium.org/privacy.
40 <p>If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us 47 </p>
41 know by emailing at hello@ferdium.org so we can try to find a solution. These Terms apply to all visitors, users 48 <p>
42 and others who wish to access or use Service.</p> 49 Your agreement with us includes these Terms&nbsp;and our Privacy
43 <p>Thank you for being responsible.</p> 50 Policy&nbsp;(&ldquo;<strong>Agreements</strong>&rdquo;). You acknowledge
44 <ul> 51 that you have read and understood Agreements, and agree to be bound of
45 <li><strong><u>Communications</u></strong></li> 52 them.
46 </ul> 53 </p>
47 <p>By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials 54 <p>
48 and other information we may send. However, you may opt out of receiving any, or all, of these communications from 55 If you do not agree with (or cannot comply with) Agreements, then you may
49 us by following the unsubscribe link or by emailing at.</p> 56 not use the Service, but please let us know by emailing at
50 <ul> 57 hello@ferdium.org so we can try to find a solution. These Terms apply to
51 <li><strong><u>Contests, Sweepstakes and Promotions</u></strong></li> 58 all visitors, users and others who wish to access or use Service.
52 </ul> 59 </p>
53 <p>Any contests, sweepstakes or other promotions (collectively, &ldquo;<strong>Promotions</strong>&rdquo;) made 60 <p>Thank you for being responsible.</p>
54 available through Service may be governed by rules that are separate from these Terms of Service. If you participate 61 <ul>
55 in any Promotions, please review the applicable rules&nbsp;as well as our Privacy Policy. If the rules for a 62 <li>
56 Promotion conflict with these Terms of Service, Promotion rules will apply.</p> 63 <strong><u>Communications</u></strong>
57 <ul> 64 </li>
58 <li><strong><u>Refunds</u></strong></li> 65 </ul>
59 </ul> 66 <p>
60 <p>Except when required by law, paid Subscription fees are non-refundable.</p> 67 By creating an Account on our Service, you agree to subscribe to
61 <ul> 68 newsletters, marketing or promotional materials and other information we
62 <li><strong><u>Content</u></strong></li> 69 may send. However, you may opt out of receiving any, or all, of these
63 </ul> 70 communications from us by following the unsubscribe link or by emailing
64 <p>Our Service allows you to post, link, store, share and otherwise make available certain information, text, 71 at.
65 graphics, videos, or other material (&ldquo;<strong>Content</strong>&rdquo;). You are responsible for Content that 72 </p>
66 you post on or through Service, including its legality, reliability, and appropriateness.</p> 73 <ul>
67 <p>By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or 74 <li>
68 you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) 75 <strong><u>Contests, Sweepstakes and Promotions</u></strong>
69 that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, 76 </li>
70 copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the 77 </ul>
71 account of anyone found to be infringing on a copyright.</p> 78 <p>
72 <p>You retain any and all of your rights to any Content you submit, post or display on or through Service and you are 79 Any contests, sweepstakes or other promotions (collectively,
73 responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any 80 &ldquo;<strong>Promotions</strong>&rdquo;) made available through Service
74 third party posts on or through Service. However, by posting Content using Service you grant us the right and 81 may be governed by rules that are separate from these Terms of Service. If
75 license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through 82 you participate in any Promotions, please review the applicable
76 Service. You agree that this license includes the right for us to make your Content available to other users of 83 rules&nbsp;as well as our Privacy Policy. If the rules for a Promotion
77 Service, who may also use your Content subject to these Terms.</p> 84 conflict with these Terms of Service, Promotion rules will apply.
78 <p>Ferdium&nbsp;has the right but not the obligation to monitor and edit all Content provided by users.</p> 85 </p>
79 <p>In addition, Content found on or through this Service are the property of&nbsp;Ferdium&nbsp;or used with permission. 86 <ul>
80 You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in 87 <li>
81 part, for commercial purposes or for personal gain, without express advance written permission from us.</p> 88 <strong><u>Refunds</u></strong>
82 <ul> 89 </li>
83 <li><strong><u>Prohibited Uses</u></strong></li> 90 </ul>
84 </ul> 91 <p>
85 <p>You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:</p> 92 Except when required by law, paid Subscription fees are non-refundable.
86 <ul> 93 </p>
87 <li>In any way that violates any applicable national or international law or regulation.</li> 94 <ul>
88 </ul> 95 <li>
89 <ul> 96 <strong><u>Content</u></strong>
90 <li>For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to 97 </li>
91 inappropriate content or otherwise.</li> 98 </ul>
92 </ul> 99 <p>
93 <ul> 100 Our Service allows you to post, link, store, share and otherwise make
94 <li>To transmit, or procure the sending of, any advertising or promotional material, including any &ldquo;junk 101 available certain information, text, graphics, videos, or other material
95 mail&rdquo;, &ldquo;chain letter,&rdquo; &ldquo;spam,&rdquo; or any other similar solicitation.</li> 102 (&ldquo;<strong>Content</strong>&rdquo;). You are responsible for Content
96 </ul> 103 that you post on or through Service, including its legality, reliability,
97 <ul> 104 and appropriateness.
98 <li>To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or 105 </p>
99 entity.</li> 106 <p>
100 </ul> 107 By posting Content on or through Service, You represent and warrant that:
101 <ul> 108 (i) Content is yours (you own it) and/or you have the right to use it and
102 <li>In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or 109 the right to grant us the rights and license as provided in these Terms,
103 harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.</li> 110 and (ii) that the posting of your Content on or through Service does not
104 </ul> 111 violate the privacy rights, publicity rights, copyrights, contract rights
105 <ul> 112 or any other rights of any person or entity. We reserve the right to
106 <li>To engage in any other conduct that restricts or inhibits anyone&rsquo;s use or enjoyment of Service, or which, 113 terminate the account of anyone found to be infringing on a copyright.
107 as determined by us, may harm or offend Company or users of Service or expose them to liability.</li> 114 </p>
108 </ul> 115 <p>
109 <p>Additionally, you agree not to:</p> 116 You retain any and all of your rights to any Content you submit, post or
110 <ul> 117 display on or through Service and you are responsible for protecting those
111 <li>Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other 118 rights. We take no responsibility and assume no liability for Content you
112 party&rsquo;s use of Service, including their ability to engage in real time activities through Service.</li> 119 or any third party posts on or through Service. However, by posting
113 </ul> 120 Content using Service you grant us the right and license to use, modify,
114 <ul> 121 publicly perform, publicly display, reproduce, and distribute such Content
115 <li>Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including 122 on and through Service. You agree that this license includes the right for
116 monitoring or copying any of the material on Service.</li> 123 us to make your Content available to other users of Service, who may also
117 </ul> 124 use your Content subject to these Terms.
118 <ul> 125 </p>
119 <li>Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose 126 <p>
120 without our prior written consent.</li> 127 Ferdium&nbsp;has the right but not the obligation to monitor and edit all
121 </ul> 128 Content provided by users.
122 <ul> 129 </p>
123 <li>Use any device, software, or routine that interferes with the proper working of Service.</li> 130 <p>
124 </ul> 131 In addition, Content found on or through this Service are the property
125 <ul> 132 of&nbsp;Ferdium&nbsp;or used with permission. You may not distribute,
126 <li>Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or 133 modify, transmit, reuse, download, repost, copy, or use said Content,
127 technologically harmful.</li> 134 whether in whole or in part, for commercial purposes or for personal gain,
128 </ul> 135 without express advance written permission from us.
129 <ul> 136 </p>
130 <li>Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on 137 <ul>
131 which Service is stored, or any server, computer, or database connected to Service.</li> 138 <li>
132 </ul> 139 <strong><u>Prohibited Uses</u></strong>
133 <ul> 140 </li>
134 <li>Attack Service via a denial-of-service attack or a distributed denial-of-service attack.</li> 141 </ul>
135 </ul> 142 <p>
136 <ul> 143 You may use Service only for lawful purposes and in accordance with Terms.
137 <li>Take any action that may damage or falsify Company rating.</li> 144 You agree not to use Service:
138 </ul> 145 </p>
139 <ul> 146 <ul>
140 <li>Otherwise attempt to interfere with the proper working of Service.</li> 147 <li>
141 </ul> 148 In any way that violates any applicable national or international law or
142 <ul> 149 regulation.
143 <li><strong><u>No Use By Minors</u></strong></li> 150 </li>
144 </ul> 151 </ul>
145 <p>Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using 152 <ul>
146 any of Company, you warrant and represent that you are at least eighteen (18) years of age and with the full 153 <li>
147 authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. 154 For the purpose of exploiting, harming, or attempting to exploit or harm
148 If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.</p> 155 minors in any way by exposing them to inappropriate content or
149 <ul> 156 otherwise.
150 <li><strong><u>Accounts</u></strong></li> 157 </li>
151 </ul> 158 </ul>
152 <p>When you create an account with us, you guarantee that you are above the age of 18, and that the information you 159 <ul>
153 provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may 160 <li>
154 result in the immediate termination of your account on Service.</p> 161 To transmit, or procure the sending of, any advertising or promotional
155 <p>You are responsible for maintaining the confidentiality of your account and password, including but not limited to 162 material, including any &ldquo;junk mail&rdquo;, &ldquo;chain
156 the restriction of access to your computer and/or account. You agree to accept responsibility for any and all 163 letter,&rdquo; &ldquo;spam,&rdquo; or any other similar solicitation.
157 activities or actions that occur under your account and/or password, whether your password is with our Service or a 164 </li>
158 third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized 165 </ul>
159 use of your account.</p> 166 <ul>
160 <p>You may not use as a username the name of another person or entity or that is not lawfully available for use, a 167 <li>
161 name or trademark that is subject to any rights of another person or entity other than you, without appropriate 168 To impersonate or attempt to impersonate Company, a Company employee,
162 authorization. You may not use as a username any name that is offensive, vulgar or obscene.</p> 169 another user, or any other person or entity.
163 <p>We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole 170 </li>
164 discretion.</p> 171 </ul>
165 <ul> 172 <ul>
166 <li><strong><u>Intellectual Property</u></strong></li> 173 <li>
167 </ul> 174 In any way that infringes upon the rights of others, or in any way is
168 <p>Service and its original content (excluding Content provided by users), features and functionality are and will 175 illegal, threatening, fraudulent, or harmful, or in connection with any
169 remain the exclusive property of&nbsp;Ferdium&nbsp;and its licensors. Service is protected by copyright, trademark, 176 unlawful, illegal, fraudulent, or harmful purpose or activity.
170 and other laws of&nbsp;foreign countries. Our trademarks and trade dress may not be used in connection with any 177 </li>
171 product or service without the prior written consent of&nbsp;Ferdium.</p> 178 </ul>
172 <ul> 179 <ul>
173 <li><strong><u>Copyright Policy</u></strong></li> 180 <li>
174 </ul> 181 To engage in any other conduct that restricts or inhibits anyone&rsquo;s
175 <p>We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted 182 use or enjoyment of Service, or which, as determined by us, may harm or
176 on Service infringes on the copyright or other intellectual property rights 183 offend Company or users of Service or expose them to liability.
177 (&ldquo;<strong>Infringement</strong>&rdquo;) of any person or entity.</p> 184 </li>
178 <p>If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been 185 </ul>
179 copied in a way that constitutes copyright infringement, please submit your claim via email 186 <p>Additionally, you agree not to:</p>
180 to&nbsp;hello@ferdium.org, with the subject line: &ldquo;Copyright Infringement&rdquo; and include in your claim a 187 <ul>
181 detailed description of the alleged Infringement as detailed below, under &ldquo;DMCA Notice and Procedure for 188 <li>
182 Copyright Infringement Claims&rdquo;</p> 189 Use Service in any manner that could disable, overburden, damage, or
183 <p>You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith 190 impair Service or interfere with any other party&rsquo;s use of Service,
184 claims on the infringement of any Content found on and/or through Service on your copyright.</p> 191 including their ability to engage in real time activities through
185 <ul> 192 Service.
186 <li><strong><u>DMCA Notice and Procedure for Copyright Infringement Claims</u></strong></li> 193 </li>
187 </ul> 194 </ul>
188 <p>You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright 195 <ul>
189 Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):</p> 196 <li>
190 <ul> 197 Use any robot, spider, or other automatic device, process, or means to
191 <li>an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's 198 access Service for any purpose, including monitoring or copying any of
192 interest;</li> 199 the material on Service.
193 </ul> 200 </li>
194 <ul> 201 </ul>
195 <li>a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page 202 <ul>
196 address) of the location where the copyrighted work exists or a copy of the copyrighted work;</li> 203 <li>
197 </ul> 204 Use any manual process to monitor or copy any of the material on Service
198 <ul> 205 or for any other unauthorized purpose without our prior written consent.
199 <li>identification of the URL or other specific location on Service where the material that you claim is infringing 206 </li>
200 is located;</li> 207 </ul>
201 </ul> 208 <ul>
202 <ul> 209 <li>
203 <li>your address, telephone number, and email address;</li> 210 Use any device, software, or routine that interferes with the proper
204 </ul> 211 working of Service.
205 <ul> 212 </li>
206 <li>a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright 213 </ul>
207 owner, its agent, or the law;</li> 214 <ul>
208 </ul> 215 <li>
209 <ul> 216 Introduce any viruses, trojan horses, worms, logic bombs, or other
210 <li>a statement by you, made under penalty of perjury, that the above information in your notice is accurate and 217 material which is malicious or technologically harmful.
211 that you are the copyright owner or authorized to act on the copyright owner's behalf.</li> 218 </li>
212 </ul> 219 </ul>
213 <p>You can contact our Copyright Agent via email at&nbsp;hello@ferdium.org</p> 220 <ul>
214 <ul> 221 <li>
215 <li><strong><u>Error Reporting and Feedback</u></strong></li> 222 Attempt to gain unauthorized access to, interfere with, damage, or
216 </ul> 223 disrupt any parts of Service, the server on which Service is stored, or
217 <p>You may provide us&nbsp;either directly at hello@ferdium.org or via third party sites and tools&nbsp;with 224 any server, computer, or database connected to Service.
218 information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other 225 </li>
219 matters related to our Service (&ldquo;<strong>Feedback</strong>&rdquo;). You acknowledge and agree that: (i) you 226 </ul>
220 shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the 227 <ul>
221 Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain 228 <li>
222 confidential information or proprietary information from you or any third party; and (iv) Company is not under any 229 Attack Service via a denial-of-service attack or a distributed
223 obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the 230 denial-of-service attack.
224 Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, 231 </li>
225 transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, 232 </ul>
226 modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose. 233 <ul>
227 </p> 234 <li>Take any action that may damage or falsify Company rating.</li>
228 <p>The third party sites and tools mentioned above include the following:</p> 235 </ul>
229 <p><strong>Sentry</strong></p> 236 <ul>
230 <p>Sentry is open-source error tracking solution provided by Functional Software Inc. More information is available 237 <li>
231 here: https://sentry.io/privacy/&nbsp;</p> 238 Otherwise attempt to interfere with the proper working of Service.
232 <ul> 239 </li>
233 <li><strong><u>Links To Other Web Sites</u></strong></li> 240 </ul>
234 </ul> 241 <ul>
235 <p>Our Service may contain links to third party web sites or services that are not owned or controlled by&nbsp;Ferdium. 242 <li>
236 </p> 243 <strong><u>No Use By Minors</u></strong>
237 <p>Ferdium&nbsp;has no control over, and assumes no responsibility for the content, privacy policies, or practices of 244 </li>
238 any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their 245 </ul>
239 websites.</p> 246 <p>
240 <p>YOU ACKNOWLEDGE AND AGREE THAT&nbsp;Ferdium&nbsp;SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY 247 Service is intended only for access and use by individuals at least
241 DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS 248 eighteen (18) years old. By accessing or using any of Company, you warrant
242 OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.</p> 249 and represent that you are at least eighteen (18) years of age and with
243 <p>WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES 250 the full authority, right, and capacity to enter into this agreement and
244 THAT YOU VISIT.</p> 251 abide by all of the terms and conditions of Terms. If you are not at least
245 <ul> 252 eighteen (18) years old, you are prohibited from both the access and usage
246 <li><strong><u>Disclaimer Of Warranty&nbsp;</u></strong></li> 253 of Service.
247 </ul> 254 </p>
248 <p>THESE SERVICES ARE PROVIDED BY COMPANY ON AN &ldquo;AS IS&rdquo; AND &ldquo;AS AVAILABLE&rdquo; BASIS. COMPANY 255 <ul>
249 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR 256 <li>
250 THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR 257 <strong><u>Accounts</u></strong>
251 CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.</p> 258 </li>
252 <p>NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE 259 </ul>
253 COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE 260 <p>
254 FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR 261 When you create an account with us, you guarantee that you are above the
255 CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR 262 age of 18, and that the information you provide us is accurate, complete,
256 UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF 263 and current at all times. Inaccurate, incomplete, or obsolete information
257 VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL 264 may result in the immediate termination of your account on Service.
258 OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.</p> 265 </p>
259 <p>COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING 266 <p>
260 BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.</p> 267 You are responsible for maintaining the confidentiality of your account
261 <p>THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.</p> 268 and password, including but not limited to the restriction of access to
262 <ul> 269 your computer and/or account. You agree to accept responsibility for any
263 <li><strong><u>Limitation Of Liability</u></strong></li> 270 and all activities or actions that occur under your account and/or
264 </ul> 271 password, whether your password is with our Service or a third-party
265 <p>EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY 272 service. You must notify us immediately upon becoming aware of any breach
266 INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND 273 of security or unauthorized use of your account.
267 ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT 274 </p>
268 LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR 275 <p>
269 ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR 276 You may not use as a username the name of another person or entity or that
270 PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, 277 is not lawfully available for use, a name or trademark that is subject to
271 STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 278 any rights of another person or entity other than you, without appropriate
272 EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT 279 authorization. You may not use as a username any name that is offensive,
273 PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. 280 vulgar or obscene.
274 SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR 281 </p>
275 LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.</p> 282 <p>
276 <ul> 283 We reserve the right to refuse service, terminate accounts, remove or edit
277 <li><strong><u>Termination</u></strong></li> 284 content, or cancel orders in our sole discretion.
278 </ul> 285 </p>
279 <p>We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, 286 <ul>
280 under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach 287 <li>
281 of Terms.</p> 288 <strong><u>Intellectual Property</u></strong>
282 <p>If you wish to terminate your account, you may simply discontinue using Service.</p> 289 </li>
283 <p>All provisions of Terms which by their nature should survive termination shall survive termination, including, 290 </ul>
284 without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.</p> 291 <p>
285 <ul> 292 Service and its original content (excluding Content provided by users),
286 <li><strong><u>Governing Law</u></strong></li> 293 features and functionality are and will remain the exclusive property
287 </ul> 294 of&nbsp;Ferdium&nbsp;and its licensors. Service is protected by copyright,
288 <p>These Terms shall be governed and construed in accordance with the laws of&nbsp;Thailand&nbsp;without regard to its 295 trademark, and other laws of&nbsp;foreign countries. Our trademarks and
289 conflict of law provisions.</p> 296 trade dress may not be used in connection with any product or service
290 <p>Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If 297 without the prior written consent of&nbsp;Ferdium.
291 any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these 298 </p>
292 Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and 299 <ul>
293 supersede and replace any prior agreements we might have had between us regarding Service.</p> 300 <li>
294 <ul> 301 <strong><u>Copyright Policy</u></strong>
295 <li><strong><u>Changes To Service</u></strong></li> 302 </li>
296 </ul> 303 </ul>
297 <p>We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our 304 <p>
298 sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at 305 We respect the intellectual property rights of others. It is our policy to
299 any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire 306 respond to any claim that Content posted on Service infringes on the
300 Service, to users, including registered users.</p> 307 copyright or other intellectual property rights
301 <ul> 308 (&ldquo;<strong>Infringement</strong>&rdquo;) of any person or entity.
302 <li><strong><u>Amendments To Terms</u></strong></li> 309 </p>
303 </ul> 310 <p>
304 <p>We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these 311 If you are a copyright owner, or authorized on behalf of one, and you
305 Terms periodically.</p> 312 believe that the copyrighted work has been copied in a way that
306 <p>Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the 313 constitutes copyright infringement, please submit your claim via email
307 changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. 314 to&nbsp;hello@ferdium.org, with the subject line: &ldquo;Copyright
308 </p> 315 Infringement&rdquo; and include in your claim a detailed description of
309 <p>By continuing to access or use our Service after any revisions become effective, you agree to be bound by the 316 the alleged Infringement as detailed below, under &ldquo;DMCA Notice and
310 revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.</p> 317 Procedure for Copyright Infringement Claims&rdquo;
311 <ul> 318 </p>
312 <li><strong><u>Waiver And Severability</u></strong></li> 319 <p>
313 </ul> 320 You may be held accountable for damages (including costs and attorneys'
314 <p>No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of 321 fees) for misrepresentation or bad-faith claims on the infringement of any
315 such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or 322 Content found on and/or through Service on your copyright.
316 provision under Terms shall not constitute a waiver of such right or provision.</p> 323 </p>
317 <p>If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or 324 <ul>
318 unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the 325 <li>
319 remaining provisions of Terms will continue in full force and effect.</p> 326 <strong
320 <ul> 327 ><u
321 <li><strong><u>Acknowledgement</u></strong></li> 328 >DMCA Notice and Procedure for Copyright Infringement Claims</u
322 </ul> 329 ></strong
323 <p>BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND 330 >
324 AGREE TO BE BOUND BY THEM.</p> 331 </li>
325 <ul> 332 </ul>
326 <li><strong><u>Contact Us</u></strong></li> 333 <p>
327 </ul> 334 You may submit a notification pursuant to the Digital Millennium Copyright
328 <p>Please send your feedback, comments, requests for technical support:</p> 335 Act (DMCA) by providing our Copyright Agent with the following information
329 <p>By email: hello@ferdium.org.</p> 336 in writing (see 17 U.S.C 512(c)(3) for further detail):
330 <p>By visiting this page on our website: https://github.com/ferdium/ferdium-app/issues.</p> 337 </p>
331 <p>Use <a href="https://divtable.com/table-styler/" target="_blank">the online Table styler</a> for creating grid 338 <ul>
332 layout on websites because the traditional HTML tables are outdated and not responsive.</p> 339 <li>
333</body> 340 an electronic or physical signature of the person authorized to act on
341 behalf of the owner of the copyright's interest;
342 </li>
343 </ul>
344 <ul>
345 <li>
346 a description of the copyrighted work that you claim has been infringed,
347 including the URL (i.e., web page address) of the location where the
348 copyrighted work exists or a copy of the copyrighted work;
349 </li>
350 </ul>
351 <ul>
352 <li>
353 identification of the URL or other specific location on Service where
354 the material that you claim is infringing is located;
355 </li>
356 </ul>
357 <ul>
358 <li>your address, telephone number, and email address;</li>
359 </ul>
360 <ul>
361 <li>
362 a statement by you that you have a good faith belief that the disputed
363 use is not authorized by the copyright owner, its agent, or the law;
364 </li>
365 </ul>
366 <ul>
367 <li>
368 a statement by you, made under penalty of perjury, that the above
369 information in your notice is accurate and that you are the copyright
370 owner or authorized to act on the copyright owner's behalf.
371 </li>
372 </ul>
373 <p>
374 You can contact our Copyright Agent via email at&nbsp;hello@ferdium.org
375 </p>
376 <ul>
377 <li>
378 <strong><u>Error Reporting and Feedback</u></strong>
379 </li>
380 </ul>
381 <p>
382 You may provide us&nbsp;either directly at hello@ferdium.org or via third
383 party sites and tools&nbsp;with information and feedback concerning
384 errors, suggestions for improvements, ideas, problems, complaints, and
385 other matters related to our Service
386 (&ldquo;<strong>Feedback</strong>&rdquo;). You acknowledge and agree that:
387 (i) you shall not retain, acquire or assert any intellectual property
388 right or other right, title or interest in or to the Feedback; (ii)
389 Company may have development ideas similar to the Feedback; (iii) Feedback
390 does not contain confidential information or proprietary information from
391 you or any third party; and (iv) Company is not under any obligation of
392 confidentiality with respect to the Feedback. In the event the transfer of
393 the ownership to the Feedback is not possible due to applicable mandatory
394 laws, you grant Company and its affiliates an exclusive, transferable,
395 irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right
396 to use (including copy, modify, create derivative works, publish,
397 distribute and commercialize) Feedback in any manner and for any purpose.
398 </p>
399 <p>
400 The third party sites and tools mentioned above include the following:
401 </p>
402 <p><strong>Sentry</strong></p>
403 <p>
404 Sentry is open-source error tracking solution provided by Functional
405 Software Inc. More information is available here:
406 https://sentry.io/privacy/&nbsp;
407 </p>
408 <ul>
409 <li>
410 <strong><u>Links To Other Web Sites</u></strong>
411 </li>
412 </ul>
413 <p>
414 Our Service may contain links to third party web sites or services that
415 are not owned or controlled by&nbsp;Ferdium.
416 </p>
417 <p>
418 Ferdium&nbsp;has no control over, and assumes no responsibility for the
419 content, privacy policies, or practices of any third party web sites or
420 services. We do not warrant the offerings of any of these
421 entities/individuals or their websites.
422 </p>
423 <p>
424 YOU ACKNOWLEDGE AND AGREE THAT&nbsp;Ferdium&nbsp;SHALL NOT BE RESPONSIBLE
425 OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR
426 ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY
427 SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD
428 PARTY WEB SITES OR SERVICES.
429 </p>
430 <p>
431 WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES
432 OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
433 </p>
434 <ul>
435 <li>
436 <strong><u>Disclaimer Of Warranty&nbsp;</u></strong>
437 </li>
438 </ul>
439 <p>
440 THESE SERVICES ARE PROVIDED BY COMPANY ON AN &ldquo;AS IS&rdquo; AND
441 &ldquo;AS AVAILABLE&rdquo; BASIS. COMPANY MAKES NO REPRESENTATIONS OR
442 WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR
443 SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU
444 EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY
445 SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
446 </p>
447 <p>
448 NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY
449 OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY,
450 QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE
451 FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS
452 OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS
453 OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR
454 UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE
455 SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
456 COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH
457 THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
458 </p>
459 <p>
460 COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
461 IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY
462 WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR
463 PARTICULAR PURPOSE.
464 </p>
465 <p>
466 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR
467 LIMITED UNDER APPLICABLE LAW.
468 </p>
469 <ul>
470 <li>
471 <strong><u>Limitation Of Liability</u></strong>
472 </li>
473 </ul>
474 <p>
475 EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS,
476 EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL,
477 INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING
478 ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND
479 ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION
480 OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT,
481 NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION
482 WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL
483 INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION
484 BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR
485 REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE
486 POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS
487 LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT
488 PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL
489 THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE
490 EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
491 SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
492 </p>
493 <ul>
494 <li>
495 <strong><u>Termination</u></strong>
496 </li>
497 </ul>
498 <p>
499 We may terminate or suspend your account and bar access to Service
500 immediately, without prior notice or liability, under our sole discretion,
501 for any reason whatsoever and without limitation, including but not
502 limited to a breach of Terms.
503 </p>
504 <p>
505 If you wish to terminate your account, you may simply discontinue using
506 Service.
507 </p>
508 <p>
509 All provisions of Terms which by their nature should survive termination
510 shall survive termination, including, without limitation, ownership
511 provisions, warranty disclaimers, indemnity and limitations of liability.
512 </p>
513 <ul>
514 <li>
515 <strong><u>Governing Law</u></strong>
516 </li>
517 </ul>
518 <p>
519 These Terms shall be governed and construed in accordance with the laws
520 of&nbsp;Thailand&nbsp;without regard to its conflict of law provisions.
521 </p>
522 <p>
523 Our failure to enforce any right or provision of these Terms will not be
524 considered a waiver of those rights. If any provision of these Terms is
525 held to be invalid or unenforceable by a court, the remaining provisions
526 of these Terms will remain in effect. These Terms constitute the entire
527 agreement between us regarding our Service and supersede and replace any
528 prior agreements we might have had between us regarding Service.
529 </p>
530 <ul>
531 <li>
532 <strong><u>Changes To Service</u></strong>
533 </li>
534 </ul>
535 <p>
536 We reserve the right to withdraw or amend our Service, and any service or
537 material we provide via Service, in our sole discretion without notice. We
538 will not be liable if for any reason all or any part of Service is
539 unavailable at any time or for any period. From time to time, we may
540 restrict access to some parts of Service, or the entire Service, to users,
541 including registered users.
542 </p>
543 <ul>
544 <li>
545 <strong><u>Amendments To Terms</u></strong>
546 </li>
547 </ul>
548 <p>
549 We may amend Terms at any time by posting the amended terms on this site.
550 It is your responsibility to review these Terms periodically.
551 </p>
552 <p>
553 Your continued use of the Platform following the posting of revised Terms
554 means that you accept and agree to the changes. You are expected to check
555 this page frequently so you are aware of any changes, as they are binding
556 on you.
557 </p>
558 <p>
559 By continuing to access or use our Service after any revisions become
560 effective, you agree to be bound by the revised terms. If you do not agree
561 to the new terms, you are no longer authorized to use Service.
562 </p>
563 <ul>
564 <li>
565 <strong><u>Waiver And Severability</u></strong>
566 </li>
567 </ul>
568 <p>
569 No waiver by Company of any term or condition set forth in Terms shall be
570 deemed a further or continuing waiver of such term or condition or a
571 waiver of any other term or condition, and any failure of Company to
572 assert a right or provision under Terms shall not constitute a waiver of
573 such right or provision.
574 </p>
575 <p>
576 If any provision of Terms is held by a court or other tribunal of
577 competent jurisdiction to be invalid, illegal or unenforceable for any
578 reason, such provision shall be eliminated or limited to the minimum
579 extent such that the remaining provisions of Terms will continue in full
580 force and effect.
581 </p>
582 <ul>
583 <li>
584 <strong><u>Acknowledgement</u></strong>
585 </li>
586 </ul>
587 <p>
588 BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT
589 YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
590 </p>
591 <ul>
592 <li>
593 <strong><u>Contact Us</u></strong>
594 </li>
595 </ul>
596 <p>Please send your feedback, comments, requests for technical support:</p>
597 <p>By email: hello@ferdium.org.</p>
598 <p>
599 By visiting this page on our website:
600 https://github.com/ferdium/ferdium-app/issues.
601 </p>
602 <p>
603 Use
604 <a href="https://divtable.com/table-styler/" target="_blank"
605 >the online Table styler</a
606 >
607 for creating grid layout on websites because the traditional HTML tables
608 are outdated and not responsive.
609 </p>
610 </body>
334</html> 611</html>