Access to and use of www.xmagestore.com by You (hereinafter referred to as “Website”), as well as templates and/or modules (hereinafter referred to as “Software”), services (hereinafter referred to as “Services”) are governed by conditions of agreement which are legally binding for You and Excellence Technosoft Pvt Ltd (hereinafter referred to as “Owner”), located at C84A Sector 8 Noida,U.P India and provide under the conditions as follows:
- 1.1All terms and conditions will be enforceable immediately following Your first use of www.xmagestore.com. By not agreeing to terms and conditions, You may not legally use the Website or Software or Services related.
- 1.2When visiting the Website, you agree not to repost, transfer or receive any materials for which you have not been licensed to use, repost or transmit. Failure to comply could entail legislative infringement in Poland or any other country including international provisions for copyright infringement.
2.Using Website, Software, and Services
- 2.1You may be required to provide personal information in order to access the Software available through www.xmagestore.com. You agree that all information provided is authentic, true and accurate to the best of your knowledge and that all information will be kept up-to-date during the term of your licensing agreement.
- 2.2You agree to only use the Software within the conditions set forth in the License Agreement.
- 2.3You agree to refrain from or take part in any impending or infringing activity directed toward the Website www.xmagestore.com or any of its related servers or networks.
- 2.4You agree to not reproduce, duplicate, copy, sell, exchange, rent, sublicense, or resell the Software or Services related thereto regardless of the purpose unless you have specifically been granted permission from the Owner with a separate agreement.
3.The License Control
- 3.1You agree to take personal responsibility for all confidential passwords related to Your login for www.xmagestore.com access.
- 3.2You agree to take full responsibility from the Owner for all actions performed by You regarding Your account.
OWNER IS NEITHER RESPONSIBLE FOR ANY INCONSISTENCY WITH YOUR INFORMATION NOR ACCOUNTABLE FOR ANY UNLAWFUL ACCESS TO YOUR ACCOUNT.
- 3.3If You become aware that someone has unlawfully utilized Your account through unauthorized use of password or log in information, you agree to notify the Owner immediately.
We respect the confidentiality of our clients and protect the information they provide to us. Please read our Policy for more information on how we protect Your information https://www.xmagestore.com/privacy_policy/ .
- 5.1You acknowledge and agree to the Owner’s possession of all legal rights including property rights and ownership rights related to the Services, including all the rights for intellectual property regarding the Software (regardless whether they are registered or not, nor what countries they are approved in), also You agree and acknowledge the logo “xMageStore” and its brand to be Trademarks of xMageStore.com and are protected by laws and international agreements about copyrights and other rights for intellectual property.
- 5.2You agree not to use brands, logos, and/or domains connected to “XMAGESTORE” unless the proper written permission has been granted by the Owner.
- 5.2Any Software You have bought or/and loaded form www.xmagestore.com Web-site is governed exclusively by conditions of License Agreement. Any use or distribution of the Software not expressly granted in the License Agreement is prohibited by legislation.
- 5.2The Owner does not grant You certain or assumed rights for any patents, copyrights, brands, commercials or confidential information expect cases mentioned in the Article.
Claims of copyright or other intellectual property infringement should be sent to GoMage’s Copyright Agent by mail or email as follows:
By Mail: Excellence Technosoft Pvt Ltd,C-84 A Sector 12 Noida,Uttar Pradesh India.
By Email: [email protected]
6.Guarantee release and responsibility restriction.
- 6.1All the information contained on www.xmagestore.com Web-site is provided as is. All material or Software obtained by You through www.xmagestore.com Web-site is used under Your responsibility and risk.
- 6.2The Owner has been released from any responsibility for and gives no guarantee for:
- The Software to be in compliance with Your requirements; The Software complies with Your requirements;
- Any information obtained by You in result of the Software using to be kept confidential and save. Confidential and saved information obtained by You as a result of using the Software.
- Defects in operating or functional features of any Software obtained by You from www.xmagestore.com Web-site to be settled.
- 6.3The free support does not cover assistance in code development and customization as well as assurance of compatibility to, discovered error elimination of, assistance in elimination of errors arising after upgrading the Software and assistance in special requirements connected with but not limited to the software developed by third parties.
THE HIGHEST LEVEL STIPULATED BY THE LEGISLATION APPLIED TO THE AGREEMENT AND EXCEPTING CASES STIPULATED BY THE GUARANTEE, THE OWNER IS RELEASED OF ANY RESPONSIBILITY TO YOU FOR ANY LOSS, MORAL DAMAGE, ANY DAMAGE, ANY PROFIT LOSS, ANY INFORMATION LOSS CONNECTED WITH USING OF OR IMPOSSIBILITY TO USE THE SOFT EVEN IN CASES PRIOR NOTIFICATION SUBMITTED BY YOU ABOUT POSSIBILITY OF SUCH A DAMAGE OR BY CLAIM OF ANY THIRD PARTY. IN ANY CASE THE RESPONSIBILITY OF THE OWNER CONCERNING ANY PROVISION OF THE LICENSE IS RESTRICTED BY THE AMOUNT OF ACTUALLY PAID BY YOU TO THE OWNER FOR THE SOFTWARE. THE PRESENT RESTRICTION IS NOT APPLICABLE REGARDING THE RESPONSIBILITY WHICH CAN NOT BE EXCLUDED OR RESTRICTED AS PER LEGISLATION.
From 1 January 2015, telecommunications, broadcasting and electronic services will always be taxed in the country where the customer belongs – regardless of whether the customer is a business or consumer – regardless of whether the supplier based in the EU or outside.
You can find out more information at http://ec.europa.eu/taxation_customs/taxation/vat/how_vat_works/telecom/index_en.htm#rulesapp2015
8.Terminations of the relations with Owner
- 8.1The following agreement can be terminated by You or the Owner as specified below:
- 8.2If You wish to terminate the Agreement with the Owner, you may do so by sending written notification to the Owner at the address or email at [email protected] provided above.
- 8.3Should you fail to follow the terms and conditions in the Licensing Agreement, the Owner reserves the right to terminate the Agreement immediately. You will be notified via email should the Owner exercise this right.
- 8.4The Owner has the right to cancel or terminate any Services provided or Software packages offered on the Website at any time and without prior notification.
- 8.5All rights, obligations and responsibility gained by you will not be affected by termination of present Conditions by You or the Owner.
9.Using Conditions Amendment
- 9.1You agree that the Owner can revise the rights and conditions aforementioned at any time by posting revisions to the Terms of Agreements at http://www.xmagestore.com/terms_of_use/.
- 10.1Both You and the Owner agree to bring any suits before Indian court consideration only in order to resolve any legal disputes connected with the Website www.xmagestore.com, its Services and/or its Software.
- 10.2The Owner gives no guarantee for the conformance of the Website to the other countries international legislation. By accession www.xmagestore.com You take full responsibility for complying with all forms of legislation in Your country.