Terms of Use

Introduction

Welcome to Zephrkia! These terms and conditions outline the rules and regulations for the use of Zephrkia's Website, located at zephrkia.com. By accessing this website, we assume you accept these terms and conditions. Do not continue to use Zephrkia if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

These Terms and Conditions have been generated at Terms And Conditions.

Intellectual Property Rights

Other than the content you own, under these Terms, Zephrkia and/or its licensors own all the intellectual property rights and materials contained in this Website. You are granted limited license only for purposes of viewing the material contained on this Website.

You are specifically restricted from all of the following:

Certain areas of this Website are restricted from being access by you and Zephrkia may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Restrictions

Our website is designed to offer a streamlined experience for our users, and to ensure this, certain restrictions apply. You are prohibited from publishing any material from our website on any other media platform without our explicit consent. Commercializing or selling any material from our website, whether directly or indirectly, is strictly prohibited. Additionally, you must not engage in any activity that may cause damage to our website or interfere with its functionality. This includes but is not limited to attempting to access restricted areas of the website or engaging in any form of data mining or harvesting.

By using our website, you agree to adhere to all applicable laws and regulations. You must not use our website in any way that may cause harm to Zephrkia, our users, or any other person or business entity. Any unauthorized use of our website for advertising or marketing purposes is strictly prohibited. We reserve the right to restrict access to certain areas of our website at our discretion, and any login credentials provided to you must be kept confidential at all times.

Violation of these restrictions may result in the termination of your access to our website and legal action taken against you. By accessing and using our website, you agree to comply with these restrictions and acknowledge that failure to do so may result in consequences. If you have any questions regarding these restrictions or require clarification on any aspect, please contact our support team at [email protected].

Your Content

At Zephrkia, we value the content contributed by our users, but it's important to understand your rights and responsibilities regarding the content you upload to our platform. When you upload any content to our website, whether it be in the form of text, images, videos, or other media, you retain ownership of that content. However, by uploading your content, you grant Zephrkia a non-exclusive, worldwide, sub-licensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media. This allows us to display your content on our website and promote it through various channels.

You are solely responsible for the content you upload to our website, and it must not infringe upon the rights of any third party. This includes but is not limited to copyright, trademark, privacy, publicity, or other personal or proprietary rights. We reserve the right to remove any content that violates these terms or is deemed inappropriate, offensive, or harmful in any way. If you believe your content has been improperly removed or used by Zephrkia, please contact us at [email protected] to address the issue.

By uploading your content to our website, you represent and warrant that you have all necessary rights and permissions to do so, and that your content complies with these terms and all applicable laws and regulations. You acknowledge that Zephrkia does not endorse or guarantee the accuracy, integrity, or quality of any user-generated content, and you use such content at your own risk.

No warranties

While we strive to provide accurate and up-to-date information on our website, we make no representations or warranties of any kind, express or implied, regarding the completeness, accuracy, reliability, suitability, or availability of the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that our website will be uninterrupted or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or other harmful components. We make no warranty regarding the results that may be obtained from the use of our website, or the accuracy, reliability, or currency of any information content, service, or merchandise provided through our website.

It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through our website. You agree that any reliance you place on such information is strictly at your own risk, and we shall not be liable for any loss or damage arising from your reliance on such information.

Limitation of liability

Zephrkia, its officers, directors, and employees shall not be liable for any indirect, consequential, or special liability arising out of or in any way related to your use of this Website. This includes, but is not limited to, any loss or damage of any kind incurred as a result of the use of the website, including but not limited to direct, indirect, incidental, punitive, and consequential damages. In no event shall Zephrkia, its officers, directors, and employees be liable for any injury, loss, claim, or any special, exemplary, punitive, incidental, or consequential damages of any kind arising out of or in any way connected with the use of this Website or the content contained therein, regardless of whether such damages are based on warranty, contract, tort, or any other legal theory.

By using this Website, you agree that the limitations of liability set forth in these Terms are reasonable. If you do not think they are reasonable, you must not use this Website. In any event, Zephrkia's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Zephrkia for the services accessed via the Website, but in no case will Zephrkia's liability to you exceed $100.00 USD.

In no event shall Zephrkia, its officers, directors, employees, or agents 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 (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) 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.

Indemnification

You hereby indemnify to the fullest extent Zephrkia from and against any and all liabilities, costs, demands, causes of action, damages, and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

You agree to defend, indemnify, and hold harmless Zephrkia, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers, from and against any claims, actions, or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms or your use of the Website in violation of applicable law.

This indemnification obligation will survive the termination or expiration of these Terms and your use of the Website. You agree to cooperate as fully as reasonably required in the defense of any claim. Zephrkia reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein. The remaining provisions of the Terms will continue to be valid and enforceable.

If any provision of these Terms is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Failure of Zephrkia to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.

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. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

Variation of Terms

Zephrkia reserves the right to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing the use of this Website.

By continuing to access or use our Service 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 Service. It is your responsibility to periodically review these Terms to stay informed of updates. Your continued use of the Website after any modifications to the Terms on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Terms.

Zephrkia reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. You agree that Zephrkia will not be liable for any modification, suspension, or discontinuance of the Website or any part thereof.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of Netherlands, without regard to its conflict of law provisions. You agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the courts located in the State of Netherlands.

You hereby consent to the personal jurisdiction of such courts and waive any objection to the exercise of jurisdiction over you by such courts. The prevailing party in any action or proceeding to enforce these Terms shall be entitled to reasonable costs and attorneys' fees.

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.