Terms of Service

Welcome to Osennyaya-Smetana. These Terms of Service ("Terms") govern your access to and use of our website, products, and services ("Services"). Please read these Terms carefully, and contact us if you have any questions.

1. Using Our Services

1.1 Age Requirements

You must be at least 16 years old to use our Services. If you are under 18, you must have your parent or guardian's permission to use our Services and they must agree to these Terms on your behalf.

1.2 Your Account

When you create an account with us, you must provide accurate and complete information. You are responsible for maintaining the security of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account.

1.3 Acceptable Use

You agree not to use our Services:

• In any way that violates any applicable national, federal, state, local, or international law or regulation
• To impersonate or attempt to impersonate Osennyaya-Smetana, an Osennyaya-Smetana employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Osennyaya-Smetana or users of the Services or expose them to liability
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services
• To attack the Services via a denial-of-service attack or a distributed denial-of-service attack
• To otherwise attempt to interfere with the proper working of the Services

2. Content and Intellectual Property Rights

2.1 Our Content

All content, features, and functionality on our Services, including but not limited to text, graphics, logos, icons, images, audio clips, videos, and software, are owned by Osennyaya-Smetana, its licensors, or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our materials, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
• You may store files that are automatically cached by your web browser for display enhancement purposes
• You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution
• If we provide social media features with certain content, you may take such actions as are enabled by such features

2.2 Your Content

If you submit, post, or display content on or through our Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content. This license is for the purpose of providing and promoting our Services.

You represent and warrant that:

• You own or control all rights in and to the content you post or you have the right to grant the license granted above
• All of your content does and will comply with these Terms
• The content does not infringe, misappropriate, or violate a third party's intellectual property rights, privacy rights, publicity rights, or other legal rights

3. Privacy and Data Protection

We care about your privacy. Our Privacy Policy explains how we collect, use, and share information about you. By using our Services, you agree to the collection, use, and sharing of your information in accordance with our Privacy Policy.

4. Third-Party Links and Services

Our Services may contain links to third-party websites or services that are not owned or controlled by Osennyaya-Smetana. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Osennyaya-Smetana shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

5. Termination

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

6. Disclaimer of Warranties

Your use of our Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Osennyaya-Smetana, its subsidiaries, affiliates, and its licensors do not warrant that:

• The Services will function uninterrupted, secure, or available at any particular time or location
• Any errors or defects will be corrected
• The Services are free of viruses or other harmful components
• The results of using the Services will meet your requirements

7. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Osennyaya-Smetana, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content

whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Nothing in these Terms shall limit or exclude our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded or limited by UK law

8. Indemnification

You agree to defend, indemnify, and hold harmless Osennyaya-Smetana and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

• Your use and access of the Services, by you or any person using your account and password
• A breach of these Terms
• Your violation of any law or the rights of a third party

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

10. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by updating the "Last Updated" date at the bottom of these Terms. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.

11. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices and agreements published by Osennyaya-Smetana, constitute the entire agreement between you and Osennyaya-Smetana concerning the Services.