Please read the following Terms of Use carefully before using any of the websites (each website a "FreshSens Site" and collectively, the "FreshSens Sites") operated by FreshSens OÜ OÜ entities ("FreshSens"). By visiting any FreshSens Sites or by participating in any of the interactive activities offered on any FreshSens Site, you agree to be bound by these Terms of Use. Please note that we may, in our sole discretion, modify these Terms of Use without notice to you. Therefore, please continue to review these Terms of Use when using any of the FreshSens Sites. By continuing to access and use any FreshSens Site after the Terms of Use have been modified, you will be deemed to have agreed to such modifications.
1. Registration and Passwords
Registration is not required to browse the FreshSens Sites. However, certain features offered on the FreshSens Sites may require you to submit certain personal information, such as your name, your postal address, your e-mail address, and billing information. When you submit such information on a FreshSens Site you represent that you are at least 18years of age and that you have the authority to register with such site. When you register we may assign you a login ID and request that you choose a password. You are responsible for maintaining the confidentiality of your login ID and password. You shall be responsible for any use of your login ID and password. In addition, you agree to pay all charges, including taxes, duties or other fees, incurred by you or anyone using your login and/or password.
2. Your Submissions and User Conduct
The FreshSens Sites may invite users to communicate with one another via chat areas and bulletin boards. Some FreshSens Sites may also enable users to submit materials to be viewed by or shared with other users. Any communication and/or submission(s) (collectively, "Submissions") made on any FreshSens Site, including, but not limited to, any notes, reviews, bulletin board postings, ideas, suggestions, concepts, artwork, photographs and sound and video files will become the property of FreshSens and can be used in any manner or form throughout the world without any time or other restrictions. FreshSens shall be entitled to edit such Submissions as it sees fit, and it shall have no obligation to use material submitted. You are solely and fully responsible for the content of any of your Submissions to any FreshSens Site. Your Submissions must strictly conform to the following guidelines:Your Submissions to the FreshSens Sites must originate with you and be accurate and current. Your Submissions must not infringe any third-party rights, including, but not limited to, copyright, trademark, publicity, or privacy rights.Your Submissions must not be fraudulent, libellous, defamatory, obscene, pornographic, harassing, abusive, threatening, racially offensive, offensively directed towards people based on their gender or sexual orientation or be otherwise objectionable. If there is any question as to what constitutes objectionable material under these Terms of Use, FreshSens is the final arbiter of what does or does not constitute objectionable material.Your Submissions must not be harmful to minors in any way.Your Submissions must not advertise or solicit funds.Your Submissions must not use the FreshSens Sites to advocate or offer instructions as to illegal activities or to violate any applicable laws.You may not make Submissions if you are under the age of 18.Your Submissions must not be in violation of the guidelines set forth in these Terms of Use. Any such violation shall be a material breach of these Terms of Use. FreshSens will remove from any FreshSens Site without prior notice any Submissions that violate any provision of these Terms of Use and will cooperate fully with any law enforcement officials and/or agencies in the investigation of any violations. In addition, FreshSens may immediately and without prior notice terminate the right to access the FreshSens Sites of any user who violates these Terms of Use.You further agree that you will not circumvent our security features, corrupt any content or files on or obtained from any FreshSens Site, interfere with or in any way disrupt our service or servers, or networks connected to our service or servers, or otherwise violate any applicable law or regulation or these Terms of Use.
3. Downloading Material from the FreshSens Sites
You are permitted to download only those materials specifically available to download from any FreshSens Site for your personal use. Any material available for downloading from a FreshSens Site may not be used for any other purpose other than your personal non-commercial home use. You must not remove any notices or credits on the downloaded materials or delete, add, or otherwise modify the content of any such downloaded materials, unless you have prior written permission from FreshSens to do so.
4. Ownership of Materials on the FreshSens Sites
The FreshSens Sites and all the materials published or otherwise incorporated on the sites ("Content"), such as text, button icons, interfaces, images, software, illustrations, video clips, audio clips, and other video and audio files are owned exclusively by FreshSens or by others that have licensed their materials to FreshSens. The Content is therefore protected by copyright, trade secrets, or by other proprietary rights. You may not copy, download, upload, modify, reproduce, transmit, delete, add to, distribute in any way, or otherwise use for any purpose any of the Content except as stated in these Terms of Use, on any FreshSens Site, or with the prior written consent of the owners of the Content.In addition, any of the tradenames, trademarks, service marks and logos (collectively referred to as "Trademarks") that appear on the FreshSens Sites are owned by FreshSens or others that have licensed their use to us. Other Trademarks will occasionally be added to the FreshSens Sites. These Trademarks may not be used in any manner without the prior written consent of their respective owners.
5. Partner Sites/Linked Sites
The FreshSens Sites may provide links to other websites for your convenience and enjoyment. Please note that if you access other websites through such links you do so at your sole risk. FreshSens does not review, endorse, or control any content, advertising, products, services, or other materials on or available through those sites, nor is it responsible for any viruses, Trojan horses, or other items of a potentially destructive nature that they may contain. Your correspondence or business dealings with advertisers, partners, or other third parties through any FreshSens Site, including payment for and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third parties. You agree that FreshSens and the FreshSens Sites will not be responsible or liable for any loss or damage of any sort arising out of any such dealings or as a result of the link to their sites on any FreshSens Site.
6. Disclaimer
FreshSens IS NOT RESPONSIBLE FOR YOUR USE OF ANY CONTENT FOUND ON OR THROUGH ANY FreshSens SITE, INCLUDING, WITHOUT LIMITATION, ADVERTISING AND LINKS. BY USING ANY FreshSens SITE YOU EXPRESSLY AGREE THAT SUCH USE IS AT YOUR SOLE RISK. YOU AGREE THAT THE CONTENT IS OFFERED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU IN FULL.The FreshSens Sites and each of their publishers’ respective vendors, agents, licensees, officers, directors, shareholders and employees, shall not be liable for any and all injuries, actions, claims, liabilities, damages, losses, costs or expenses, including reasonable outside attorneys’ fees, arising as a result of your or your child’s use of the FreshSens Sites. FreshSens makes no guarantee of availability of service and it reserves the right to suspend, withdraw, change or discontinue any functionality or feature of the FreshSens Sites.FreshSens WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (EVEN IF SUCH DAMAGES ARE FORESEEABLE OR IF WE HAVE BEEN ADVISED OR HAVE CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES).FreshSens reserves the right to monitor Submissions by those who use the FreshSens Sites, but it is not obliged to do so. FreshSens disclaims any responsibility for the Content submitted by users on or through any area of the FreshSens Sites including, without limitation, chat areas, bulletin boards, and e-mail. FreshSens cannot and does not seek to limit the opinions and views of our users and such opinions and views, therefore, should not be taken to represent those of FreshSens. FreshSens does not represent that the Content and features on or offered through the FreshSens Sites are appropriate or available for use in all countries.FreshSens reserves the right to terminate this agreement and/or refuse service to you at any time without notice for any reason.
7. Infringement and Regulatory Complaints
FreshSens is committed to respecting the intellectual property rights of others. It will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing it to disclose the identity of anyone downloading or posting materials, or otherwise using this Web Site in violation of applicable laws. If you believe that your proprietary rights, including copyright, have been infringed by any Content posted by users of any FreshSens Site, please notify FreshSens. If FreshSens receives such notice it will promptly respond to, remove, or disable access to, the material that is claimed to be infringing or to be the subject of any infringing activity.
When notifying FreshSens of any claimed infringement, you must provide the following information:
a physical or electronic signature of a person authorized to act on behalf of the copyright owner whose work you claim has been infringed;
a description of the work you claim has been infringed;a description of the work you claim to be infringing as well as information reasonably sufficient to permit us to locate the material;
your address, telephone number, and, if available, your e-mail address;
a statement of your good faith belief that use of the material in the manner complained of is
not authorised by the copyright owner, its agent, or the law; and
a statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
8. Privacy
Any personal or other information submitted by you and all other Submissions to any of the FreshSens Sites are subject to our Privacy Policy.
9. Miscellaneous
You are solely responsible for compliance with all applicable laws of the jurisdiction from which you are accessing the FreshSens Sites. If any part or portions of these Terms of Use shall be declared invalid, void or unenforceable, the remaining Terms of Use shall remain in full force and effect and shall be interpreted as closely as possible to the manner in which they were written. If any dispute arises between you and us regarding these Terms of Use, the dispute will be governed by the laws of Tallinn, Estonia and subject to the non-exclusive jurisdiction of the courts of Tallinn, Estonia. These Terms of Use set forth the entire agreement regarding all of the matters contained herein and should supersede all prior agreements or negotiations concerning the subject matter of these Terms of Use.
