Terms of Use

(Effective March 05, 2022)

INTRODUCTION AND ACCEPTANCE

Individual Entrepreneur Dmitry Firskin (“Company”, “we”, “us and “our”) offers you access to its interactive online

websites, applications and services. These Terms of Use, together with our

or services, govern your use of our websites (“Website”) or any of our widgets

or other applications (“Applications”) – together, our “Services”. Our Services

include website and all other locations on which we place these Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES. BY USING ANY OF

OUR 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 OUR SERVICES

2.INTELLECTUAL PROPERTY

Our Services and associated content (and any derivative works or enhancements of

the same) including, but not limited to, all text, fonts, 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 our

Services (collectively, the “Service Content”) and all intellectual property

rights to the same are owned by us, our licensors, or both. Additionally, all

trademarks, service marks, trade names and trade dress that may appear in our

Services are owned by us, our 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 our Services or any Service Content.

Any rights not expressly granted in these Terms of Use are expressly reserved.

ACCESS AND USE

(A)Our Services are provided for your personal and commercial use except when our

Service Content is used to create end products for sale where the lifetime

sales of the end product for sale exceeds 400 units. An end product for sale

can be either a digital design or physical item created using our Services that

you and/or your client intends to sell. End products using our Service Content

must be a unique implementation of the Service Content, significantly different

than the original piece of Service Content and require time, effort, and skill

to produce. We may offer certain portions of our 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, our Services are not being sold to you;

rather, you are being granted or purchasing a limited license to use our

Services.

(B)When using our Services, you agree to comply with all applicable federal,

state, and local laws including, without limitation, copyright law. 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 we include in or through our Services or Service Content; (ii)

circumvent, disable or otherwise interfere with our 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 our express written

permission; (iv) collect or harvest any personally identifiable information

from our 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 our prior written approval; (vi) attempt

to or interfere with the proper working of our Services or impair, overburden,

or disable the same; (vii) decompile, reverse engineer, or disassemble any

portion of our software or other Service Content, or our Services; (viii) use

network-monitoring software to determine architecture of or extract usage data

from our Services; (ix) encourage 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 our Services.

(D)You agree to fully cooperate with us to investigate any suspected or actual

activity that is in breach of these Terms of Use.

4.USER REGISTRATION

(A)In order to access or use some features of our Services, you may have to become

a registered user. If you are under the age of thirteen, then you are not

permitted to register as a user or otherwise submit personal information.

(B)If you become a registered user, you will provide true, accurate and complete

registration information and, if such information changes, you will promptly

update the relevant registration information. During registration, you will

create a username and password (a “Membership”). You are responsible for

safeguarding and maintaining the confidentiality of your Membership. You are

solely responsible for the activity that occurs under your Membership, whether

or not you have authorized the activity. You agree to Contact Us immediately if

you become aware of any breach of security or unauthorized use of your

Membership.

5.USER CONTENT

(A)

We may now or in the future permit users to post, upload, transmit through, or

otherwise make available through our Services and for use or display to others

(collectively, “submit”) messages, text, illustrations, data, files, images,

graphics, photos, comments, sounds, music, videos, information, content, and/or

other materials (“User Content”). Subject to the rights and license you grant

herein, you retain all right, title and interest in your User Content. We do

not guarantee any confidentiality with respect to User Content even if it is

not published through our Services. It is solely your responsibility to monitor

and protect any intellectual property rights that you may have in your User

Content, and we do not accept any responsibility for the same.

(B)

You shall not submit any User Content protected by copyright, trademark,

patent, trade secret, moral right, or other intellectual property or

proprietary right without the express permission of the owner of the respective

right. You are solely liable for any damage resulting from your failure to

obtain such permission or from any other harm resulting from User Content that

you submit.

(C)

You represent, warrant, and covenant that you will not submit any User Content

that:

(i)

violates or infringes in any way upon the rights of others, including, but not

limited to, any copyright, trademark, patent, trade secret, moral right, or

other intellectual property or proprietary right of any person or entity; (ii)

impersonates another or is unlawful, threatening, abusive, libelous,

defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane,

pornographic, or otherwise objectionable; (iii) encourages conduct that would

constitute a criminal offense, give rise to civil liability or otherwise violate

any law; (iv) is an advertisement for goods or services or a solicitation of

funds; (v) includes personal information such as messages which identify phone

numbers, social security numbers, account numbers, addresses, or employer

references; (vi) contains a formula, instruction, or advice that could cause

harm or injury; or (vii) is a chain letter of any kind.

Moreover,

any conduct by a user that in our sole discretion restricts or inhibits any

other user from using or enjoying our Services will not be permitted.

(D)

We will not use your User Content (e.g., images, etc.) without your permission.

Where you have provided us permission (e.g., to share your image on Facebook or

Instagram, display your image on our Website under a promotion, etc.), by submitting

User Content to us, you simultaneously grant, or warrant that the owner has

expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable,

non-exclusive, fully sublicensable, and transferable right and license to use,

reproduce, distribute, create derivative works based upon (including, without

limitation, translations), publicly display, publicly perform, transmit, and

publish the User Content (in whole or in part) in the manner you have

requested. We may exercise this for the full term of any copyright that may

exist in such User Content. Furthermore, you also grant other users permission

to access your User Content and to use, reproduce, distribute, create

derivative works based upon, publicly display, publicly perform, transmit, and

publish your User Content for personal and commercial use as permitted by the

functionality of our Services and these Terms of Use. Notwithstanding the

foregoing, you waive any and all claims you may now or later have in any

jurisdiction to so-called “moral rights” or rights of “droit moral” with

respect to the User Content.

(E)

By submitting User Content, you also grant us the right, but not the obligation

to use your biographical information including, without limitation, your name

and geographical location in connection with broadcast, print, online, or other

use or publication of your User Content; provided, however, that all such uses

will be consistent with the terms of our Privacy Policy.

(F)

Pursuant to a promotion or in certain other instances, you may give us

permission to share or use your User Content on our Website or on a third party

platform. In such instances, you acknowledge and agree that we may use your

User Content to promote our Services and that your User Content may appear in

proximity to third party advertisements and/or content.

(G)

We have the right, but not the obligation, to monitor User Content. We have the

right in our sole discretion and for any reason whatsoever to edit, refuse to

post, remove, or disable access to any User Content.

SERVICE CONTENT & THIRD PARTY LINKS

(A)

We provide our Services including, without limitation, Service Content for

educational, entertainment, promotional and/or commercial purposes expressly

stated in this Terms of Use. You may not rely on any information and opinions

expressed through any of our 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 we 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. We do not

endorse, warrant and are not responsible for the accuracy, timeliness,

completeness, or reliability of any opinion, advice, or statement offered

through our Services by anyone other than our authorized employees or

spokespersons while acting in their official capacities.

(C)

Our Services may link or contain links to other websites maintained by third

parties. We 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. We are 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 Company and its officers, directors,

employees, parents, partners, successors, agents, distribution partners,

affiliates, subsidiaries, 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 our 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 us; or (v) your acts or omissions. You agree to cooperate fully with us in

the defense of any claim that is the subject of your obligations hereunder.

DISCLAIMER OF WARRANTIES

(A) YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR 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,

COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS,

AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED

COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT

OUR SERVICES WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE

AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL

CONTENT OF OUR 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 OUR SERVICES; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF

THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES; (6) WARRANTIES

THAT YOUR USE OF OUR SERVICES WILL BE SECURE OR UNINTERRUPTED; AND (7)

WARRANTIES THAT ERRORS IN OUR SERVICES OR SERVICE CONTENT (INCLUDING SOFTWARE)

WILL BE CORRECTED.

LIMITATION ON LIABILITY

(A) UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES,

PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES,

SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL,

SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF

THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY

CONNECTED WITH OUR SERVICES OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR

DISSATISFACTION WITH OUR SERVICES INCLUDING, WITHOUT LIMITATION, SERVICE

CONTENT IS TO STOP USING OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH

RESPECT TO DAMAGES INCURRED BY REASON OF GOODS RECEIVED THROUGH OR ADVERTISED

IN CONNECTION WITH OUR SERVICES OR ANY LINKS PLACED IN OUR SERVICES, AS WELL AS

BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN

CONNECTION WITH OUR SERVICES OR ANY LINKS PLACED IN OUR 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 OUR SERVICES.

(B) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL

THE CUMULATIVE LIABILITY OF COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES,

PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES,

SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE LESSER OF THE TOTAL

PAYMENTS RECEIVED FROM YOU BY COMPANY 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 OUR 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.

jurisdictions, some of the foregoing limitations may not apply to you. These

limitations shall apply to the fullest extent permitted by law.

10.

TERMINATION

(A) We reserve the right in our sole discretion and at any time to terminate or

suspend your Membership and/or block your use of our 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 Company is not liable to you or

any third party for any termination or suspension of your Membership or for

blocking your use of our Services.

(B) Any suspension or termination shall not affect your obligations to us 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”.

11. COPYRIGHT POLICY

(A) We respect the intellectual property rights of others and expect users to do

the same. In appropriate circumstances and at our sole discretion, we 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 our sole discretion, we may remove or disable

access to material on any of our websites or hosted on our 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”), we will respond promptly to

claims of copyright infringement that are reported to the agent that we have

designated to receive notifications of claims infringement (its “Designated

Agent”). Our contact:

firskind@gmail.com

owner) and believe that your work’s copyright has been infringed, please report

your notice of infringement to us by providing our Designated Agent with 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 us to locate

the material. (iv) Information reasonably sufficient to permit us 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.

We 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.

12.

CHOICE OF LAW; JURISDICTION AND VENUE

These Terms of Use shall be construed in accordance with the laws of the State of

Delaware without regard to its conflict of laws rules. Any legal proceedings

against Company that may arise out of, relate to, or be in any way connected

with our Website or these Terms of Use shall be brought exclusively in the

state and federal courts of the State of Delaware and you waive any

jurisdictional, venue, or inconvenient forum objections to such courts.

13.

DISPUTE RESOLUTION & MANDATORY ARBITRATION

(A) We each agree to first contact each other with any disputes and provide a

written description of the problem, all relevant documents/information and the

proposed resolution. You agree to contact us with disputes by contacting us at

the address provided in these Terms of Use. We will contact you based on the

contact information you have provided us.

(B) If after 30 days the parties are unable to resolve any dispute raised under the

previous provision, the dispute may be submitted to arbitration consistent with

this Section. The parties understand that they would have had a right or

opportunity to litigate disputes through a court and to have a judge or jury

decide their case, but they choose to have any disputes resolved through

arbitration.

us against any agent, employee, successor, or assign of the other, including,

to the full extent permitted by applicable law, third parties who are not

signatories to this agreement, whether related to this agreement or otherwise,

including past, present, and future claims and disputes, and including any

dispute as to the validity or applicability of this arbitration clause, shall

be resolved by binding arbitration administered by the JAMS under its rules and

procedures in effect when the claim is filed.

(D) We are entering into this arbitration agreement in connection with a

transaction involving interstate commerce. Accordingly, this arbitration

agreement and any proceedings thereunder shall be governed by the Federal

Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may

be entered as a judgment in any court having jurisdiction.

(E) Exception to Arbitrate. Either of us may bring qualifying claims in small

claims court. Further, as set forth below, we each agree that any arbitration

will be solely between you and Company, not as part of a classwide claim (i.e.,

not brought on behalf of or together with another individual's claim). If for

any reason any court or arbitrator holds that this restriction is

unconscionable or unenforceable, then our agreement to arbitrate doesn't apply

and the classwide dispute must be brought in court.

14.NO CLASS ACTIONS TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A

CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER

PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF

ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

15.NO TRIAL BY JURY

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY

LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

16.

AMENDMENT; ADDITIONAL TERMS

(A)We reserve the right in our sole discretion and at any time and for any reason,

to modify or discontinue any aspect or feature of our Services or to modify

these Terms of Use. In addition, we reserve the right to provide you with

operating rules or additional terms that may govern your use of our Services

generally, unique of our Services, or both (“Additional Terms”). Any Additional

Terms that we may provide to you will be incorporated by reference into these

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 our 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 our 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 our Services and, if

applicable, terminate your Membership.

17. 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 (including the Privacy Policy and any Additional Terms

incorporated by reference) 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 our 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. We may

assign these Terms of Use or any rights hereunder without your consent and

without notice.

If you have any questions about this Terms of Use or if you need to change any personal information, please feel free to contact us through email firskind@gmail.com