If you do not comply with this Agreement at any time, Miloš Vasić reserves the right to immediately cancel or terminate your access to the Service (or any part thereof). In Miloš Vasić’s sole discretion and without prior notice or liability, he may discontinue, modify or alter any aspect of the Service including, but not limited to:
i) restricting the time the Service is available;
(ii) restricting the amount of use permitted; and
(iii) restricting or terminating any user’s right to use the Service.
You agree that any termination or cancellation of your access to, or use of, the Service may be effected without prior notice. If you do not abide by the terms of this Agreement, you agree that we may immediately deactivate or delete your Customer account, if any, and all related information and/or files in your user account and/or bar any further access to such information and/or files and/or the Service (or part thereof). Further, you agree that Miloš Vasić shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, the Service. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Service, or any policies or practices by Miloš Vasić in providing the Service, including without limitation any change in content, is to cease using the Service and cancel or terminate your subscription or Customer account, as applicable.
If you are a Customer then you agree to the following:
(i) in consideration of your use of the Service, you represent that you are of the age of majority in the jurisdiction in which you reside, or 13 years old or older up to the age of majority in the jurisdiction in which you reside with the express written consent of your parent or legal guardian. You also agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by any purchase form(s) on the Service, including your geographical location and billing address; and
(b) If you provide any information that is untrue, inaccurate, not current or incomplete, Miloš Vasić has the right to suspend or terminate your Service and refuse any and all current or future use of the Service (or any portion thereof);
(ii) Customers will receive a copy of ordered item on Email address which is provided during the purchase process. Any sensitive information about users such as credit card number (for example) will not be stored by Fundamental Kotlin website (or Miloš Vasić) and will be destroyed upon sending to the Customer ordered items.
Restrictions on Use
These terms apply to all users of the Service, whether or not you are a Customer.
A. You shall use the Service for lawful purposes only. You shall not post or transmit through the Service any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without Miloš Vasić’s express prior approval, you shall not post or transmit through the Service any material that contains advertising or any solicitation with respect to products or services. You shall not use the Service to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services. Any conduct by you that in Miloš Vasić’s discretion restricts or inhibits any other user from using or enjoying the Service will not be permitted.
C. You shall be solely liable for any damage resulting from any harm resulting from such a submission.
D. You may not obscure or misrepresent your geographical location, forge headers, use proxies, use IP spoofing or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
E. You are prohibited from violating or attempting to violate the security of the Service, including, without limitation:
(a) accessing data not intended for you, including logging into a server or account which you not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization;
(c) using any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Site Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Site Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
(d) taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Fundamental Kotlin website’s systems or networks, or any systems or networks connected to the Service or to Fundamental Kotlin’
(e) conducting a reverse look-up, tracing or seeking to trace any information on any other user, Customer or visitor to the Service, or any other customer of Fundamental Kotlin, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service;
(f) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of ‘denial of service’ attacks, overloading, ‘flooding’, ‘mailbombing’ or ‘crashing’;
(g) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(h) disrupt network nodes or network services or otherwise restrict, inhibit, disrupt or impede Fundamental Kotlin Service’s ability to monitor or make available the Service; or
(i) taking any action in order to obtain services to which you are not entitled.
Violations of system or network security may result in civil or criminal liability. Miloš Vasić will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user (whether or not a Customer) who is involved in such violations.
Disclaimer of Warranty & Limitation of Liability
A. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER Miloš Vasić, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEBSITE.
B. THE WEBSITE IS PROVIDED ON AN ‘AS IS’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE.
C. IN NO EVENT WILL Miloš Vasić, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Miloš Vasić‘S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
D. THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT FUNDAMENTAL KOTLIN SERVICE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless Miloš Vasić and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees) arising out of your use of the Service.
Fundamental Kotlin, fundamental-kotlin.com and related words, domain names and logos are trade-marks and the property of Miloš Vasić. All other trade-marks, product names and company names or logos cited herein are the property of their respective owners.
Miloš Vasić controls the Service from its offices within the Province of Belgrade, Serbia. The Service can be accessed from all provinces and territories of the world.
Miloš Vasić reserves the right to alter the software of any Fundamental Kotlin device, including enhancements, bug fixes, etc., at any time and in Miloš Vasić’s sole discretion.