Svetness Corp. Terms of Service and
End User License Agreement

TERMS AND
CONDITIONS

Svetness Corp. ( “Svetness” ) offers websites that allow users (“You”) to access information about Svetness and its products and/or services (collectively, the “Services” ). PLEASE READ THESE TERMS OF SERVICE AND END USER LICENSE AGREEMENT (collectively, the “Terms” ) CAREFULLY BEFORE USING THE SERVICES.

1. Acceptance of Terms

THESE TERMS, AS AMENDED FROM TIME TO TIME AND AS PUBLISHED AT https://www.svetness.com/terms-and-conditions, AND AS INCORPORATING THE SVETNESS PRIVACY POLICY AVAILABLE AT https://www.svetness.com/privacy-policy (the “Privacy Policy” ), ARE A LEGAL AGREEMENT BETWEEN SVETNESS AND YOU.

YOU MUST READ AND AGREE TO THESE TERMS, INCLUDING THE PRIVACY POLICY, BEFORE USING THE SERVICES. BY USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.

Svetness may modify these Terms, in its sole discretion, at any time and for any reason. You are solely responsible for Your regular review of these Terms. Any modification to these Terms will be effective immediately upon its publication. If You are dissatisfied with any provision of (or modification to) these Terms, Your only remedy is to terminate Your use of the Services, as described in Section 10 (Termination and Survivability) of these Terms. Your continued use of the Services after a change or update has been made to the Terms constitutes Your acceptance thereof.

2. Eligibility

YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THE SERVICES. By using the Services, You represent and warrant that:

• You are 18 years of age or older;
• All registration information that You submit to Svetness is truthful and accurate;
• You will maintain the accuracy of any registration information that You provide to Svetness; and
• Your use of the Services does not violate any applicable law or regulation.

3. License to Use the Services

Provided that You comply with these Terms, Svetness grants to You a limited, revocable, non-exclusive, non-assignable, non-sublicensable license and right to access the Services through a generally available web browser or mobile device, to view information, and to use the Services.

4. User Accounts

To use the Services, You may be required to create a user account (an “Account”). If You create an Account, You agree that any registration information that You provide to Svetness will be current, complete, true, and accurate, and You agree to update any such information promptly upon any changes thereto.

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT OCCUR IN ASSOCIATION WITH YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU. You agree to notify Svetness immediately of any unauthorized use of Your Account and/or any other breach of security related to Your Account, and You agree to provide properly documented evidence in respect of any such occurrence as requested by Svetness. You agree that Svetness will not be liable for any loss that You may incur as a result of another party’s use of Your password or Account, either with or without Your knowledge, and You further agree that You will be liable for any losses incurred by Svetness or another party in respect of another party’s use of Your Account or password.

SVETNESS reserves the right to terminate or suspend Your ACCOUNT AND/OR YOUR access to the Services at any time, for any reason or FOR no reason, with or without notice to you. SVETNESS FURTHER reserves the right to change or discontinue any service (or COMPONENT OR feature OF ANY Service) at any time, FOR ANY REASON OR FOR NO REASON, WITH OR without notice TO YOU.

Some Services may require payment of fees to Svetness. Should You purchase any Services that require payment of fees, You agree to provide Svetness with current, complete, true, and accurate billing information (e.g., Your credit card or other payment system number and expiration date).

5. Ownership of Content

“Content” shall mean, without limitation, data, images, drawings, photographs, video, audio, text, and any and all other material and information provided, disclosed, or otherwise made available to You through the Services. ALL USE OF CONTENT IS PROVIDED “AS IS” AND AT YOUR OWN RISK.

YOU ACKNOWLEDGE AND AGREE THAT ALL CONTENT IS THE PROPERTY OF SVETNESS AND/OR ITS LICENSORS AND THAT YOU HAVE NO INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN ANY CONTENT.

No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without prior written permission from Svetness.

6. Acceptable Use

Any use of the Services in violation of these terms will be regarded as an infringement of SVETNESS’ copyright rights in and to the content.

You Must:

• Comply with all posted terms of service, including these Terms;
• Comply with all applicable laws and regulations, including, but not limited to, all intellectual property, data, privacy, and export control laws, and any regulations promulgated by any government agencies;
• Upload and disseminate only data that You own or to which You have obtained all required rights, and do so only in a manner consistent with applicable law;
• Use commercially reasonable efforts to prevent unauthorized access to (or unauthorized use of) the Services;
• Keep all passwords and all other login information confidential;
• Monitor and control all activity conducted through Your Account in connection with the Services; and
• Promptly notify Svetness if You become aware of (or reasonably suspect) any illegal or unauthorized activity or security breach involving Your account.

You may not, under any circumstances, use the Services in any manner that:

• Is unlawful;
• Could damage, disable, overburden, or impair any Svetness server or the network(s) connected to any Svetness server;
• Could interfere with any other party’s use and enjoyment of the Services;
• Collects or aggregates information regarding other users or their actions relating to the Services; or
• Gains (or attempts to gain) unauthorized access to any Services, unpublished information or material, other users’ Accounts, or computer systems and/or networks connected to any Svetness server, or to any of the Services, through hacking, password mining or any other means; or
• Reverse engineers, decompiles, disassembles, or attempts to reverse engineer, decompile, or disassemble any part of the Content or Services.

7. Communications

By providing Your email address to Svetness and subscribing to Svetness communications, You understand and agree that You may receive periodic information regarding current and future services offered on through the Service. You may unsubscribe at any time by terminating Your Account as described in Section 10 (Termination and Survivability).

8. Privacy/Security

You understand that any information provided by You or collected by Svetness in connection with Your use of the Services will be used in the manner described in these Terms and/or in the Privacy Policy https://www.svetness.com/privacy-policy incorporated herein. If You do not agree to the Privacy Policy, You may not use the Services. Without limiting the terms of the Privacy Policy, You understand that Svetness does not guarantee that Your use of the Services (and/or any information provided by You) will be private or secure, and You understand that Svetness is not responsible or liable to You for any lack of privacy or security You may experience. You are fully responsible for taking precautions and providing security measures best suited for Your situation and Your intended use of the Services.

9. Jurisdictional Issues and Export Control Laws

The Services are controlled and operated by Svetness from its offices within the United States. Svetness makes no representation that Content and other materials available through the Services are appropriate or available for use in any other locations. Those who choose to access the Services from other locations do so on their own initiative and are fully responsible for compliance with local laws (if and to the extent local laws are applicable).

10. Termination and Survivability

These Terms are effective until terminated. Svetness may terminate these Terms with or without notice to You by terminating Your Account as set forth in Section 4 (User Accounts). You may terminate these Terms and Your Account by sending an email stating Your intention to terminate these Terms to Svetness at info@svetness.com, Attn: Accounts Department with the subject line “Account Termination”. Such termination will not be effective until acknowledged by Svetness (but not more than twenty (20) business days after Svetness’ receipt of such termination email).

The provisions of Sections 5 (Ownership of Content), 10 (Termination and Survivability), 12 (Disclaimer of Warranty; Limitation of Liability), 13 (Indemnity), 14 (Jurisdiction and Choice of Law), and 16 (Charges and Billing) shall survive termination of these Terms.

11. Links to Third-Party Sites

Svetness’ website and/or the Services may link to third party sites (“Linked Sites” ). These Linked Sites are not controlled by Svetness. Svetness is not responsible for the information of the Linked Sites, for the business practices or privacy policies of the Linked Sites, or for the collection, use or disclosure of any information by the Linked Sites. Svetness provides links to the Linked Sites only as a matter of convenience, and the inclusion of any link does not imply an endorsement by Svetness of any Linked Site.

12. Disclaimer of Warranty; Limitation of Liability

As used herein, “Svetness Parties” shall mean Svetness and its affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents, and subcontractors.

YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE) OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION.

IN NO CASE SHALL THE LIABILITY OF THE SVETNESS PARTIES TO YOU EXCEED THE AMOUNT THAT YOU PAID TO SVETNESS OR ITS DESIGNEES DURING THE PRECEDING ONE (1)-MONTH PERIOD IN RESPECT OF THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO CASE SHALL THE SVETNESS PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF SVETNESS’ WEBSITE, THE SERVICES, THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF SVETNESS’ WEBSITE, THE SERVICES, THE CONTENT, OR YOUR INTERACTIONS WITH SVETNESS.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF SVETNESS AND THE SVETNESS PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

13. Indemnity

You agree to defend, indemnify, and hold harmless the Svetness Parties from and against all claims, losses, costs and expenses (including without limitation reasonable attorneys’ fees) arising out of:

• Your use of the Services, or Your activities in connection with the Services;
• Any violation of these Terms by You or through Your Account or using Your Account; or
• Any allegation that any information, message, or material that You make available or create through the Services infringes upon or otherwise violates the copyright, trademark, trade secret, privacy right or other intellectual property right or other right of any third party.

14. Jurisdiction and Choice of Law

These Terms (and any disputes arising therefrom) are governed by the laws of the Commonwealth of Virginia. You hereby submit to the exclusive jurisdiction of the federal and state courts in Loudoun County, Virginia without regard to any conflicts-of-laws principles and/or the United Nations Convention on Contracts for the International Sale of Goods. Those who choose to access the Services from locations outside of Virginia do so on their own initiative, contrary to the terms of these Terms, and shall be fully responsible for compliance with local laws (if and to the extent local laws are applicable).

15. User Submissions.

Svetness does not accept or consider unsolicited ideas, including ideas for new promotions, products, technologies, or processes (“User Submissions” ). You must not transmit any User Submission via Svetness’ website or the Services through email services that You consider to be confidential or proprietary, and any User Submission shall be deemed non-confidential for purposes of these Terms. You are responsible and liable for any User Submissions. You agree, represent, and warrant that:

• Any User Submission originating from You will be truthful, accurate, and not misleading,
• Any User Submission originating from You will be offered in good faith, and
• You have the right to transmit any information contained in any User Submission.

Certain information submitted by You, or otherwise collected from You, is subject to Svetness’ Privacy Policy. Except as expressly provided in Svetness’ Privacy Policy, You agree that by submitting User Submissions to Svetness, including any concepts, know-how, or ideas, You hereby grant to Svetness a perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, and display such User Submissions in connection with Svetness’ website and any business of Svetness (or any successor thereof), including, without limitation, for purposes of promotion and redistribution of part or all of the User Submission (and derivative works thereof) in any media formats and through any media channels (whether now known or hereafter developed), without payment or accounting to You or others.

16. Charges and Billing

You agree to pay all fees or charges incurred by Your Account, including applicable taxes, in accordance with these Terms and the billing terms that are in effect at the time that such fee or charge becomes payable. Unless otherwise indicated, all prices are in US Dollars. You represent to Svetness that You are an authorized user of the chosen method of payment used to pay all fees You incur, plus all applicable taxes. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT. Svetness may offer products or services for purchase online. You must be at least 18 years of age or older to purchase such products or services. By ordering a product or service online from Svetness, You represent that You are 18 years of age or older.

17. Assignment

Svetness may assign these Terms, in whole or in part, at any time. You may not assign, transfer, or sublicense these Terms or any of Your rights or obligations hereunder without Svetness’ express prior written consent.

18. Waiver

No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

19. Headings

Any heading, caption or Section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

20. Notice

Notices to You may be made via posting to the website, by email, or by regular mail, in Svetness’ sole discretion. Svetness may also provide notices of changes to these Terms (or other matter)s by displaying such notices or by providing links to such notices on through the Services. Without limitation, You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

21. Severability

If any part of these Terms (including, but not limited to, the warranty disclaimers and liability limitations set forth above) is determined to be invalid or unenforceable pursuant to applicable law, then such invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.

22. Complete Agreement

These Terms, including the documents expressly incorporated by reference, constitute the entire agreement between You and Svetness with respect to its subject matter. These Terms supersede all prior or contemporaneous communications, whether electronic, oral, or written, between You and Svetness with respect to their subject matter, and You represent that You have not relied on any such communications in accepting these Terms.

23. Notice for California Users.

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

24. Questions

If You have any questions, comments or complaints regarding these Terms or the Services, feel free to contact us at info@svetness.com.

25. General Provisions

A printed version of these Terms (and of any notices given in electronic form) shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms shall be written in the English language.

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