Terms and conditions
Updated on 15 april, 2019
Welcome to the Freckled Sky Company’s website (the “Site”)!
FS reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.
BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
Questions or comments about the Site or its contents should be directed to the firstname.lastname@example.org
FS believes strongly in protecting individual user privacy and providing you notice of FS’s collection and use data, including personally identifying information, collected from the Site.
Site License and Access
FS grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of FS or any third party. You may not use, frame or utilize framing techniques to enclose any FS trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without FS’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing an Freckled Sky name, trademark, or product name without FS’s express written consent. Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, graphics, pictures, sound files and other files, and the selection and arrangement (“Materials”) thereof are copyrighted, ALL RIGHTS RESERVED, by FS and/or third-party licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of FS or the respective copyright owner. Permission is granted to display, copy, distribute and download the Materials on this Site for personal, non-commercial, and informational use only;
provided that, you may not, without the permission of FS or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials.
FS respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide FS’s copyright agent the following written information:
– An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
– A description of the copyrighted work that you claim has been infringed upon;
– A description of where the material that you claim is infringing is located on the Site;
– Your address, telephone number, and e-mail address;
– A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
– A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
– You can also contact us for notice of claims of copyright infringement on this Site:
This Site may, from time to time, include discussion forums and interactive areas, including bulletin board services (“BBS”). Any forums and interactive areas of the Site shall be used only for noncommercial purposes. By using the forums or interactive areas, you agree not to do any of the following:
– Upload to, distribute or otherwise publish through this Site any message, data, information, text or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
– Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
– Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
– Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
– Without FS’s written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.
FS takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, if any, FS is only a forum and is not liable for any statements, representations, or Content provided by its users. Enforcement. FS has the right, but not the obligation, to monitor any activity and Content associated with its forums and interactive areas. FS may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content. FS reserves the right and has absolute discretion, to remove, screen or edit any Content that violates these provisions or is otherwise objectionable.
Responsibility for Your Conduct
You shall remain solely liable for the Content of any messages or other information you upload or transmit to this Site, including the discussion forums or interactive areas of the Site. You agree to indemnify and hold harmless FS from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Site Terms, or your violation of any rights of a third party.
Links to the Site. You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray FS or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Freckled Sky logo or other proprietary graphic or trademark of FS to link to this Site without the express written permission of FS. This limited right may be revoked at any time.
Third-Party Links. FS makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party sites accessible by hyperlink from this Site, or third-party sites linking to this Site. The third-party linked sites are not under the control of FS and FS is not responsible for the content of any third-party linked site or any link contained in a thirdparty linked site, or any review, changes or updates to such sites. FS is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by FS of the site or any information contained therein. When leaving the Freckled Sky Site, you should be aware that FS’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
Freckled Sky and all underlying information and technology downloaded from this Site are controlled and offered by FS from Ukraine. FS makes no representations that all underlying information and technology are appropriate for use in other locations. Those who access or use from other locations do so at their own risk and are responsible for compliance with local law.
The information contained within press releases issued by FS should not be deemed accurate or current except as of the date the release was posted. FS has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
“AS IS” BASIS. THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.
WARRANTY DISCLAIMER. FS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. FS DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. FS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE FS ATTEMPTS TO ASSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, FS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FS reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by FS.
Limitation of Liability
IN NO EVENT SHALL FS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FS (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF FRECKLED SKY’S SITE EXCEED $5.00 OR THE COMPENSATION YOU PAID FS, WHICHEVER IS LESS.
Applicable Law and Venue
These terms and conditions shall be governed by and construed in accordance with the laws of Ukraine, applicable to agreements made and entirely to be performed within Ukraine, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in Commercial Court of Kyiv, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such court over any suit, action or proceeding arising out of these terms and conditions.
Notwithstanding any of these terms and conditions, FS reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Our social media pages/channels (Facebook, Twitter, Instagram, LinkedIn, Pinterest, Flickr, YouTube, and Vimeo) (“Sites”) are a place for you to learn more about FS. Neither The Freckled Sky INC nor any of its subsidiaries are responsible for third party content posted or appearing on these Sites, including but not limited to content and links posted by users. FS does not control or endorse nor is it responsible for third party content and makes no representations regarding the accuracy of content, information, opinions, claims, or advice shared by FS followers. FS does not condone or allow use of social media community space for content not related to FS. We reserve the right to remove postings that are: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive or misleading; (c) in violation of copyright or intellectual property laws; (d)
contain advertising or SPAM; (e) and any other content that FS may deem inappropriate. FS reserves the right to ban and block individuals who do not follow these basic rules of engagement. We are excited that you’ve decided to visit our social media pages/channels, and look forward to sharing our stories with you. When visiting FS’s social media pages/channels on these Sites you should also be aware and familiarize yourself with the site owner’s terms of service as posted on the Sites
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. FS shall be free to use such information on an unrestricted basis.
730 Hinman Ave, Suite 2W,
Evanston, IL, 60202,
Tel: +1. 415. 578. 0810
The information contained in this website is subject to change without notice.
Copyright © Freckled Sky INC. All rights reserved.