Effective Date: 07.09.2024
Welcome to SHÓMKA! These Terms of Service ("Terms") govern your use of our website, www.shomka.com (the "Website"), and any services, products, or content provided by SHÓMKA (collectively, the "Services"). By accessing or using the Website and Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not use the Website or Services.
1. Acceptance of Terms
By accessing or using SHÓMKA, you agree to these Terms and all applicable laws. If you are using SHÓMKA on behalf of an organization, you represent and warrant that you have the authority to bind the organization to these Terms.
2. Use of the Website
You agree to use the Website and Services only for lawful purposes and in accordance with these Terms. You are prohibited from using the Website:
To violate any applicable local, national, or international laws and regulations
To engage in fraudulent or harmful activities, including spamming, hacking, or the distribution of malicious software
To infringe or violate the intellectual property rights or privacy of others
To upload or transmit any material that is defamatory, obscene, or harmful
SHÓMKA reserves the right to terminate or restrict your access to the Website at any time without notice for any violation of these Terms.
3. Account Registration
To access certain features of SHÓMKA, you may be required to create an account. You agree to provide accurate and complete information during registration and keep your account information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You must notify us immediately of any unauthorized use of your account or security breaches. SHÓMKA is not liable for any loss or damage arising from your failure to protect your account.
4. Intellectual Property Rights
The content on SHÓMKA, including text, images, videos, logos, graphics, designs, and software, is the property of SHÓMKA or its licensors and is protected by intellectual property laws, including copyright, trademark, and other proprietary rights.
You are granted a limited, non-exclusive, non-transferable license to access and use the Website and Services for personal, non-commercial use only. You may not modify, reproduce, distribute, create derivative works, publicly display, or otherwise exploit any content from SHÓMKA without prior written permission from us.
5. User-Generated Content
If you submit or post any content on SHÓMKA (e.g., reviews, comments, photos), you grant us a non-exclusive, royalty-free, worldwide, irrevocable, perpetual license to use, reproduce, modify, publish, and display such content in connection with the Services.
By submitting content, you represent and warrant that:
You own or control all rights to the content
The content is accurate and lawful
The content does not infringe any intellectual property or privacy rights of any third party
SHÓMKA reserves the right to remove any user-generated content that violates these Terms or is otherwise deemed inappropriate at our discretion.
6. Third-Party Links and Services
SHÓMKA may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of third-party websites or services. You acknowledge and agree that SHÓMKA is not liable for any damage or loss caused by your use of or reliance on third-party content.
We recommend that you review the terms and privacy policies of any third-party sites you visit.
7. Payment and Subscriptions
Some of SHÓMKA’s services may require payment or a subscription. By providing your payment information, you authorize SHÓMKA or its third-party payment processor to charge you the specified fees for the service or subscription.
All fees are non-refundable unless otherwise specified in a specific offer or agreement. SHÓMKA reserves the right to change its fees at any time, but we will provide you with reasonable notice before doing so.
8. Disclaimer of Warranties
SHÓMKA provides the Website and Services on an "AS IS" and "AS AVAILABLE" basis without any warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:
Warranties of merchantability, fitness for a particular purpose, and non-infringement
Warranties related to the security, accuracy, reliability, or availability of the Website or Services
We do not guarantee that the Website will be error-free or that access to the Website will be uninterrupted. You use SHÓMKA at your own risk.
9. Limitation of Liability
To the fullest extent permitted by law, SHÓMKA and its officers, directors, employees, and affiliates shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of or inability to use the Website or Services, even if we have been advised of the possibility of such damages.
In jurisdictions that do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages, our liability shall be limited to the maximum extent permitted by law.
10. Indemnification
You agree to indemnify, defend, and hold harmless SHÓMKA and its affiliates, employees, agents, and licensors from and against any claims, damages, liabilities, costs, or expenses (including reasonable legal fees) arising out of or related to:
Your use of the Website or Services
Your violation of these Terms
Your violation of any rights of a third party, including intellectual property or privacy rights
11. Termination
We reserve the right to terminate or suspend your access to SHÓMKA without notice if you violate these Terms or engage in any activity that we determine, in our sole discretion, to be unlawful, harmful, or in violation of the rights of others.
Upon termination, your right to use the Services will cease, and any data associated with your account may be deleted.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of The Supreme Court of Lithuania, without regard to its conflict of law principles.
Any dispute arising from or relating to these Terms or your use of SHÓMKA shall be resolved through binding arbitration in accordance with the rules of Vilnius Court of Commercial Arbitration. The arbitration will take place in Vilnius, Lithuania, and the arbitrator’s decision shall be final and binding.
If any provision of these Terms is deemed unenforceable by an arbitrator or court of competent jurisdiction, the remaining provisions will remain in full force and effect.
13. Changes to the Terms
We may update these Terms from time to time in our sole discretion. Any changes will be effective immediately upon posting the updated Terms on this page. Your continued use of SHÓMKA after any changes signifies your acceptance of the revised Terms.
We encourage you to review these Terms periodically for any updates or changes.
14. Contact Information
If you have any questions about these Terms, please contact us at:
Email: info@shomka.com
Last Updated: 07.09.2024
