Terms of Use

Last Updated: October 26, 2023

Welcome to selphor.top (the “Website”). This Website is owned and operated by Johann Polischansky (“we,” “us,” or “our”). By accessing or using the Website, you (“you” or “user”) agree to be bound by these Terms of Use (“Terms”), our Privacy Policy, and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use the Website.

1. Acceptance of Terms

By using the Website, you affirm that you are of legal age to enter into this agreement or, if you are not, that you have obtained parental or guardian consent to enter into this agreement. You agree to comply with these Terms and all local, state, national, and international laws, rules, and regulations.

2. User Responsibilities

2.1 Account Registration

  • To access certain features of the Website, you may be required to register for an account.
  • You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
  • You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

2.2 Prohibited Conduct

You agree not to:

  • Use the Website for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Website.
  • Engage in any activity that interferes with or disrupts the Website or the servers and networks connected to the Website.
  • Attempt to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website through hacking, password mining, or any other means.
  • Transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature.
  • Use the Website to send unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (spam).
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Collect or store personal data about other users without their express permission.

2.3 Purchases and Payment

  • When you purchase products or services through the Website, you agree to provide accurate and complete payment information.
  • You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred.
  • All sales are subject to our return and refund policies, which are incorporated herein by reference.

3. Intellectual Property

All content on the Website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Johann Polischansky or its content suppliers and is protected by United States and international copyright laws.

  • The compilation of all content on this site is the exclusive property of Johann Polischansky and protected by U.S. and international copyright laws.
  • The trademarks, service marks, graphics, and logos used in connection with the Website are trademarks or registered trademarks of Johann Polischansky.
  • You are granted a limited, non-exclusive, non-transferable, revocable license to access and make personal, non-commercial use of the Website. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
  • You may not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the Website or any portion thereof for any commercial purpose without express written consent from Johann Polischansky.

4. Product Information and Pricing

  • We strive to ensure that product descriptions, pricing, and availability are accurate on the Website. However, errors may occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
  • Prices are subject to change without notice.
  • We make reasonable efforts to display the colors and images of our products as accurately as possible, but we cannot guarantee that your device’s display of any color will be accurate.

5. Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JOHANN POLISCHANSKY, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL 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.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE WEBSITE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST TWELVE MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

6. Disclaimers

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE WEBSITE.

7. Indemnification

You agree to indemnify, defend, and hold harmless Johann Polischansky, its owner, affiliates, agents, officers, directors, and employees from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms.

8. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Nebraska, United States, without regard to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Franklin County, Nebraska, for the purpose of litigating all such claims or disputes.

9. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website 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 Website.

10. Termination

We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. 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.

11. Severability

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 Website, and supersede and replace any prior agreements we might have had between us regarding the Website.

12. Contact Information

If you have any questions about these Terms, please contact us:

  • Owner: Johann Polischansky
  • Address: 4771 Scenic Way, FRANKLIN, NE, US
  • Email: [email protected]
  • Phone: 217-705-9405
  • Website: selphor.top