Terms of Use

Last Updated: July 24, 2024

1. Introduction

Welcome to plomik.top (the “Website”), owned and operated by Barbaruka (“we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of the Website, including any content, functionality, and services offered on or through the Website.

By accessing or using the Website, you agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Website.

2. User Responsibilities

2.1 Account Security

  • If you create an account on our Website, you are responsible for maintaining the confidentiality of your account details, including your username and password, and for all activities that occur under your account.
  • You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

2.2 Accurate Information

  • You agree to provide accurate, current, and complete information when making purchases or registering for an account.
  • You agree to promptly update your account and other information, including your email address and payment method details, so that we can complete your transactions and contact you as needed.

2.3 Prohibited Activities

You agree not to:

  • Use the Website for any unlawful purpose or in violation of any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
  • Engage in any activity that interferes with or disrupts the Website (or the servers and networks which are connected to the Website).
  • Attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Impersonate or attempt to impersonate Barbaruka, a Barbaruka employee, another user, or any other person or entity.

3. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Barbaruka, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as generally and ordinarily permitted through the Website’s functionality.

The Barbaruka name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Barbaruka or its affiliates or licensors. You must not use such marks without the prior written permission of Barbaruka.

4. Product Information and Pricing

  • We strive to be as accurate as possible in the description of our products displayed on the Website. However, we do not warrant that product descriptions or other content of the Website are accurate, complete, reliable, current, or error-free.
  • Prices for our products are subject to change without notice.
  • We reserve the right to refuse or cancel any order placed for a product listed at an incorrect price due to typographical or system errors.

5. Orders and Payment

  • All orders placed through the Website are subject to our acceptance. We may, in our sole discretion, refuse to accept or cancel any order.
  • You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.

6. Shipping, Returns, and Refunds

Our policies regarding shipping, returns, and refunds are outlined in separate policies available on the Website. By making a purchase, you agree to these policies.

7. Disclaimer of Warranties

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BARBARUKA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BARBARUKA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

8. Limitation of Liability

IN NO EVENT SHALL BARBARUKA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY PRODUCTS PURCHASED THROUGH THE WEBSITE, EVEN IF BARBARUKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL BARBARUKA’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE WEBSITE OR PURCHASING PRODUCTS VIA THE WEBSITE.

9. Indemnification

You agree to defend, indemnify, and hold harmless Barbaruka, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

10. Links to Third-Party Websites

The Website may contain links to third-party websites or services that are not owned or controlled by Barbaruka. Barbaruka has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party 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.

11. Termination

We may terminate or suspend your access to all or part of the Website, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Website will immediately cease.

12. Governing Law

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas, United States, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal or state courts located in Dallas, Texas, United States.

13. Changes to These 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.

14. Contact Information

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

  • Company Name: Barbaruka
  • Address: 3856 Ersel Street, Dallas, TX, US
  • Email: [email protected]
  • Phone: 469-249-4903