Welcome to our Terms of Service section. We've crafted these terms to ensure a clear and transparent understanding of our services and your rights as a user. We value your trust and are committed to safeguarding your interests. Please take a moment to familiarize yourself with the guidelines that govern our relationship.
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally
or on behalf of an entity ("you") and Photon Spark S.R.L. ("Company", "we", "us", or “our”),
concerning your access to and use of the https://photonspark.com/ website as well as any other media
form, media channel, mobile website or mobile application related, linked, or otherwise connected
thereto (collectively, the "Site"). We are registered in Romania and have our registered office at
ALEEA ARUTELA NR. 2, BL. M18, SC. 1, ET. 4, AP. 25, SECTOR 6, BUCUREȘTI, Bucharest District 6th,
Romania 061902. You agree that by accessing the Site, you have read, understood, and agreed to
bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN
YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time
are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion,
to make changes or modifications to these Terms of Use from time to time. We will alert you about
any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to
receive specific notice of each such change. Please ensure that you check the applicable Terms every
time you use our Site so that you understand which Terms apply. You will be subject to, and will be
deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use
by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or
entity in any jurisdiction or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Site from other locations do so on
their own initiative and are solely responsible for compliance with local laws, if and to the extent
local laws are applicable.
The Site is intended for users who are at least 13 years of age. All users who are minors in the
jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be
directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have
your parent or guardian read and agree to these Terms of Use prior to you using the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and graphics on the Site
(collectively, the "Content") and the trademarks, service marks, and logos contained therein (the
"Marks") are owned or controlled by us or licensed to us, and are protected by copyright and
trademark laws and various other intellectual property rights and unfair competition laws of the
United States, international copyright laws, and international conventions.
The Content and the Marks are provided on the Site "AS IS" for your information and personal use
only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or
Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the
site and to download or print a copy of any portion of the Content to which you have properly
gained access solely for your personal, non-commercial use. We reserve all rights not expressly
granted to you in and to the Site, the Content and the Marks.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you submit will be
true, accurate, current, and complete; (2) you will maintain the accuracy of such information and
promptly update such registration information as necessary; (3) you have the legal capacity and you
agree to comply with these Terms of Use; (4) you are not under the age of 13; (5) you are not a
minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to
use the Site; (6) you will not access the Site through automated or non-human means, whether
through a bot, script or otherwise; (7) you will not use the Site for any illegal or unauthorized
purpose; and (8) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and refuse any and all current or future use of the Site
(or any portion thereof).
4. USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will
be responsible for all use of your account and password. We reserve the right to remove, reclaim, or
change a username you select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
5. PRODUCTS
All products are subject to availability. We reserve the right to discontinue any products at any time
for any reason. Prices for all products are subject to change.
6. PURCHASES AND PAYMENT
We accept the following forms of payment:
PayPal
Mastercard
Visa
Skrill
- Stripe
You agree to provide current, complete, and accurate purchase and account information for all
purchases made via the Site. You further agree to promptly update account and payment
information, including email address, payment method, and payment card expiration date, so that
we can complete your transactions and contact you as needed. Sales tax will be added to the price of
purchases as deemed required by us. We may change prices at any time. All payments shall be in
Euros and RON.
You agree to pay all charges at the prices then in effect for your purchases and any applicable
shipping fees, and you authorize us to charge your chosen payment provider for any such amounts
upon placing your order. If your order is subject to recurring charges, then you consent to our
charging your payment method on a recurring basis without requiring your prior approval for each
recurring charge, until such time as you cancel the applicable order. We reserve the right to correct
any errors or mistakes in pricing, even we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion,
limit or cancel quantities purchased per person, per household, or per order. These restrictions may
include orders placed by or under the same customer account the same payment method, and/or
orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders
that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
7. REFUNDS POLICY
All sales are final and no refund will be issued.
8. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site
available. The Site may not be used in connection with any commercial endeavors except those that
are specifically endorsed or approved by us.
As a user of the Site, you agree not to
• Systematically retrieve data or other content from the Site to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account
information such as user passwords. Circumvent, disable, or otherwise interfere with securityrelated features of the Site, including features that prevent or restrict the use or copying of any
content or enforce limitations on the use of the Site and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
• Use any information obtained from the Site in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the site in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Site.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and spamming (continuous posting of repetitive text), that
interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs,
disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
• Engage in any automated use of the system, such as using scripts to send comments or messages,
or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any content. Attempt to impersonate
another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or
active information collection or transmission mechanism, including without limitation, clear graphics
interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes
referred to as "spyware" or "passive collection mechanisms or "pcms")
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services
connected to the Site.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any
portion of the Site to you.
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or
any portion of the Site.
• Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or
other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any
of the software comprising or in any way making up a part of the Site.
Except as may be the result of standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated system, including without limitation, any spider, robot, cheat
utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script
or other software.
• Use a buying agent or purchasing agent to make purchases on the Site.
• Make any unauthorized use of the Site, including collecting usernames and/or email addresses of
users by electronic or other means for the purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretenses.
• Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content
for any revenue-generating endeavor or commercial enterprise.
• Use the site to advertise or offer to sell goods and services.
9. USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide you with the opportunity to
create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Site, including but not limited to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of the Site and through third-party
websites. As such, any Contributions you transmit may be treated in accordance with the Site
Privacy Policy. When you create or make available any Contributions, you thereby represent and
warrant that:
• The creation, distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any
third party. You are the creator and owner of or have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your
Contributions in any manner contemplated by the Site and these Terms of Use. You have the written
consent, release, and/or permission of each and every identifiable individual person in your
contributions to use the name or likeness of each and every such identifiable individual person to
enable inclusion and use of your Contributions in any manner contemplated by the Site and these
Terms of Use.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous,
or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. Your
Contributions are not used to harass or threaten in the legal sense of those terms) any other person
and to promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise
intended to protect the health or well-being of minors;
• Your Contributions do not include any offensive comments that are connected to race, national
origin, gender, sexual preference, or physical handicap
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these
Terms of Use, or any applicable law or regulation.
Any use of the Site or the Marketplace Offerings in violation of the foregoing violates these Terms of
Use and may result in, among other things, termination or suspension of your rights to use the site
and the Marketplace Offerings.
10. CONTRIBUTION LICENSE
You and Site agree that we may access, store, process, and use any information and personal data
that you provide following the terms of the Privacy Policy and your choices (including settings)
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share
such feedback for any purpose without compensation to you.
We do not assert any ownership over your contributions. You retain full ownership of all of your
contributions and any intellectual property rights or other proprietary rights associated with your
contributions. We are not liable for any statements or representations in your contributions
provided by you in any area on the Site. You are solely responsible for your Contributions to the Site
and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.
11. SOCIAL MEDIA
As part of the functionality of the Site, you may link your account with online accounts you have with
third-party service providers (each such account, a "Third-Party Account") by either: (1) providing
your Third-Party Account login information through the Site; or (2) allowing us to access your ThirdParty Account, as is permitted under the applicable terms and conditions that govern your use of
each Third-Party Account. You represent and warrant that you are entitled to disclose your ThirdParty Account login information to us and/or grant us access to your Third-Party Account, without
breach by you of any of the terms and conditions that govern your use of the applicable Third-Party
Account, and without obligating us to pay any fees or making us subject to any usage limitations
imposed by the third-party service provider of the Third-Party Account. By granting us access to any
Third-Party Accounts, you understand that (1) we may access, make available, and store (if
applicable) any content that you have provided to and stored in your Third-Party Account (the
"Social Network Content") so that it is available on and through the Site via your account, including
without limitation any friend lists and (2) we may submit to and receive from your Third-Party
Account additional information to the extent you are notified when you link your account with the
Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy
settings that you have set in such Third-Party Accounts, personally identifiable information that you
post to your Third-Party Accounts may be available on and through your account on the Site. Please
note that if a Third-Party Account or associated service becomes unavailable or our access to such
Third-Party Account is terminated by the third-party service provider, then Social Network Content
may no longer be available on and through the Site. You will have the ability to disable the
connection between your account on the Site and your Third-Party Accounts at any time. PLEASE
NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH
YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRDPARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any
purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not
responsible for any Social Network Content. You acknowledge and agree that we may access your
email address book associated with a Third-Party Account and your contacts list stored on your
mobile device or tablet computer solely for purposes of identifying and informing you of those
contacts who have also registered to use the Site. You can deactivate the connection between the
Site and your Third-Party Account by contacting us using the contact information below or through
your account settings (if applicable). We will attempt to delete any information stored on our
servers that was obtained through such Third-Party Account, except the username and profile
picture that become associated with your account.
12. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other
information regarding the site or the Marketplace Offerings ("Submissions") provided by you to us
are non-confidential and shall become our sole property. We shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these
Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby
warrant that any such Submissions are original with you or that you have the right to submit such
Submissions. You agree there shall be no recourse against us for any alleged or actual infringement
or misappropriation of any proprietary right in your Submissions.
13. THIRD-PARTY WEBSITES AND CONTENT The Site may contain (or you may be sent via the Site or
the Marketplace Offerings) links to other websites ("Third-Party Websites") as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video, information, applications,
software, and other content or items belonging to or originating from third parties ("Third-Party
Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or
checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any
Third Party Websites accessed through the Site or any Third-Party Content posted on, available
through, or installed from the Site, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the
Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party
Websites or any Third-PartyContent does not imply approval or endorsement thereof by us. If you
decide to leave the site and access the Third-Party Websites or to use or install any Third-Party
Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices,
of any website to which you navigate from the Site or relating to any applications you use or install
from the Site. Any purchases you make through Third- Party Websites will be through other websites
and from other companies, and we take no responsibility whatsoever in relation to such purchases
which are exclusively between you and the applicable third party. You agree and acknowledge that
we do not endorse the products or services offered on Third-Party Websites and you shall hold us
harmless from any harm caused by your purchase of such products or services. Additionally, you
shall hold us harmless from any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
14. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of
Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or
these Terms of Use, including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable to the extent technologically feasible) any of your contributions or any
portion thereof, (4) in our sole discretion and without limitation, notice, or liability, to remove from
the Site or otherwise disable all files and content that are excessive in size or are in any way
burdensome to our systems, and (5) otherwise manage the Site in a manner designed to protect our
rights and property and to facilitate the proper functioning of the Site and the Marketplace
Offerings.
15. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: photonspark.com/privacy.
By using the site or the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is
incorporated into these Terms of Use. Please be advised the site and the Marketplace Offerings are
hosted in Romania. If you access the Site or the Marketplace Offerings from any other region of the
world with laws or other requirements governing personal data collection, use, or disclosure that
differ from applicable laws in Romania, then through your continued use of the Site, you are
transferring your data to Romania, and you expressly consent to have your data transferred to and
processed in Romania.
16. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING
ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE
MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR
ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE
AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any third party,
even if you may be acting on behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any
reason at our sole discretion without notice. However, we have no obligation to update any
information on our site. We also reserve the right to modify or discontinue all or part of the
Marketplace Offerings without notice at any time. We will not be liable to you or any third party for
any modification, price change, suspension, or discontinuance of the Site or the Marketplace
Offerings.
We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance related to the
Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update,
suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for
any reason without notice to you. You agree that we have no liability whatsoever for any loss,
damage, or inconvenience caused by your inability to access or use the site or the Marketplace
Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing
in these Terms of Use will be construed to obligate us to maintain and support the Site or the
Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.
18. GOVERNING LAW
These conditions are governed by and interpreted following the laws of Romania, and the use of the
United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If
your habitual residence is in the EU, and you are a consumer, you additionally possess the protection
provided to you by obligatory provisions of the law in your country to residence. Photon Spark S.R.L.
and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Bucharest District
6th, which means that you may make a claim to defend your consumer protection rights in regards
to these Conditions of Use in Romania, or in the EU country in which you reside.
19. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these
Terms of Use (each "Dispute" and collectively, the "Disputes") brought by either you or us
(individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate
any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days
before initiating arbitration. Such informal negotiations commence upon written notice from one
Party to the other Party
Binding Arbitration
Any dispute arising from the relationships between the Parties to this contract shall be determined
by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the
European Court of Arbitration being part of the European Centre of Arbitration having its seat in
Strasbourg, and which are in force at the time the application for arbitration is filed, and of which
adoption of this clause constitutes acceptance. The seat of arbitration shall be Bucharest, Romania.
The language of the proceedings shall be Romanian. Applicable rules of substantive law shall be the
law of Romania.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other
proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis
or to utilize class action procedures, and (c) there is no right or authority for any Dispute to be
brought in a purported representative capacity on behalf of the general public or any other persons
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning
informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related
to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (C) any
claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party
will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of
that court.
20. CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions
that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various
other information. We reserve the right to correct any errors, inaccuracies, or omissions and to
change or update the information on the Site at any time, without prior notice.
21. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE
SITE SERVICES WILL BE AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE
CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY
WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
22. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES
ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
23. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of
our respective officers, agents, partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due
to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your
representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a
third party, including but not limited to intellectual property rights; or (5) any overt harmful act
toward any other user of the Site with whom you connected via the Site. Notwithstanding the
foregoing, we reserve the right at your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree to cooperate, at your expense,
with our defense of such claims. We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming aware of it.
24. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site. Although we perform regular
routine backups of data, you are solely responsible for all data that you transmit or that relates to
any activity you have undertaken using the Site. You agree that we shall have no liability to you for
any loss or corruption of any such data, and you hereby waive any right of action against us arising
from any such loss or corruption of such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you electronically, via
email and on the Site, satisfy any legal requirement that such communication be in writing. YOU
HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements
under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an
original signature or delivery or retention of non-electronic records, or to payments or the granting
of credits by any means other than electronic means.
26. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the
Site constitute the entire agreement and understanding between you and us. Our failure to exercise
or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or
provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or
all of our rights and obligations to others at any time. We shall not be responsible or liable for any
loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any
provision or part of a provision of these Terms of Use is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from these Terms of Use
and does not affect the validity and enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship created between you and us as a result of
these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed
against us by virtue of having drafted them. You hereby waive any and all defenses you may have
based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to
execute these Terms of Use.
27. CONTACT US
In order to resolve a complaint regarding the site or to receive further information regarding use of
the Site, please contact us at:
Photon Spark S.R.L.
ALEEA ARUTELA NR. 2, BL. M18, SC. 1, ET. 4, AP. 25, SECTOR 6, BUCUREŞTI
Bucharest District 6th, Romania 061902
Romania
contact@photonspark.com
or
https://discord.photonspark.com
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