Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://oxymonster.com website (the “Service”) operated by BigFat Websites. (“us”, “we”, or “our”).
By creating an OxyMonster account and accepting these terms, you become a member of the OxyMonster community. Here's a list of ground rules you must abide by during your stay. It's imperative that you read them carefully. Sorry, but you are not authorized to use the Service if you don't agree with any part of these terms.
OxyMonster Items/products are licensed to you based on these terms (as amended from time to time).
The website includes information, text, graphics, videos, and other material (collectively "Content") for general information and use only, and may be updated without notice at any time.
Information and materials offered on this site are not guaranteed to be accurate, current, performing, complete or suitable for any particular purpose.
We expressly disclaim liability for errors and inaccuracies that may be contained in this information to the fullest extent permitted by law.
We will not be responsible for any information or materials available through this website, and you are responsible for ensuring that any information you obtain meets your specific requirements.
You will be asked to supply certain information relevant to your Purchase if you wish to purchase any product or service made available through the Service ("Purchase"), including but not limited to your billing address and your shipping information.
You guarantee that the information you supply to us is correct and complete.
When using the service, we may use third-party services to facilitate transaction processing and finalizing Purchases. By providing your information, you grant us the right to share your personal information with these third parties.
Details such as your credit card number and expiration date may be needed, depending on your choice of payment method.
You represent and warrant that:
We reserve the right to refuse or cancel your order. This includes but is not limited to an error in the description of the product or service, an error in the order, and other reasons.
We reserve the right to refuse or cancel orders if the transaction is unauthorized or illegal.
We own all of the OxyMonster Content we have put online on OxyMonster.com (excluding content owned by others and unless otherwise stated). This includes the design, compilation, style, and look and feel of the OxyMonster site, as well as all copyright, trademarks, designs, and other intellectual property on OxyMonster. All trademarks, logos, service marks, and brand names on OxyMonster are owned by OxyMonster (unless otherwise stated). You are prohibited from copying, distributing, modifying or making derivative works of our OxyMonster Content, and from using or utilizing any of our intellectual property for purposes not explicitly stated by these terms.
OxyMonster's User Terms and OxyMonster License require you to
This policy is to ensure fairness between users. It can be summed up as follows:
We may take action to ensure that we can keep providing the same service to other users if we detect behavior that suggests inappropriate loading of our designs/blocks. Upon receipt of satisfactory evidence of legal use, any restrictions will be removed within a reasonable time.
Refunds for digital products are issued within 7 days of original purchase. Recurring subscription payments cannot be refunded.
We do not provide refunds for digital products with the trial period.
We suggest contacting us for assistance if you do not receive or can not access our products.
We do not guarantee that our products work perfectly with third-party software. We do not issue refunds for incompatibilities with third-party software other than those specified on the page of each product.
If you have any questions about our Returns and Refunds Policy, please contact us:
This section does not apply to EU users.
Please note that this section does not exclude any guarantee, right or remedy that cannot be so excluded, restricted or modified under local consumer protection law.
Prior to acquiring a subscription, you should consult the product information made available on services, including subscription description, minimum technical requirements, and user reviews.
You expressly understand and agree that to the fullest extent permitted by applicable law, your use of the services and any products offered through the services is at your sole risk, and the services and any products are provided on an "As is" and "As available" basis, with all faults. To the fullest extent permitted by applicable law, the company parties expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement arising from use of the services and products. The company parties make no warranty, representation or condition that: (1) the services or any products will meet your requirements or (2) your use of the services will be uninterrupted, timely, secure or error-free.
To the maximum extent permitted by applicable law, the company parties shall not be liable for any loss of profits or revenue or for indirect, incidental, punitive, exemplary, special or consequential damages, or damages or costs due to loss of data, production, or use, business interruption or procurement of substitute goods or services, whether or not the company has been advised of the possibility of such damages.
The company parties assume no responsibility for the timeliness, deletion, misdelivery or failure to store any content, user communications or personalization settings. Without limiting the foregoing, company will not be liable for damages of any kind resulting from your use of or inability to use the service or from any products or transactions or transfers relating to products, or from any third party materials, including from any virus that may be transmitted in connection therewith, and including from any dispute with any other user of the service.
In simple words:
You are solely responsible for your use of the Service. The Service is offered “AS IS” and “AS AVAILABLE”. The Service is provided without any express or implied warranties of any kind, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
BigFat Websites, its subsidiaries, affiliates, and its licensors do not warrant that
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, neither the company, its licensors, nor their affiliates, nor any of the company’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the services, your account, your subscriptions and the content and services including, but not limited to, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. In no event will the company be liable for any indirect, incidental, consequential, special, punitive or exemplary damages, or any other damages arising out of or in any way connected with the services, the content and services, the subscriptions, and any information available in connection therewith, or the delay or inability to use the content and services, subscriptions or any information, even in the event of the company’s or its affiliates’ fault, tort (including negligence), strict liability, or breach of the company’s warranty and even if it has been advised of the possibility of such damages. These limitations and liability exclusions apply even if any remedy fails to provide adequate recompense.
Your sole and exclusive remedy for dissatisfaction with the services or any third party materials is to stop using the services. Without limiting the foregoing, under no circumstances will the total aggregate amount that the company parties are liable to you exceed the greater of (a) the total amount actually paid to the company by you during the three-month period prior to the act, omission or occurrence giving rise to such liability, (b) the remedy or penalty imposed by the statute or regulation under which such claim arises, or $100. The foregoing cap on liability shall not apply to liability of a the company party for (x) death, tangible property damage, or personal injury caused by a the company party's gross negligence or for (y) any injury caused by a the company party's fraud or fraudulent misrepresentation.
To the maximum extent permitted by applicable law, neither the company nor its affiliates guarantee continuous, error-free, virus-free or secure operation and access to the services, the content and services, your account and/or your subscriptions(s) or any information available in connection therewith.
Certain products purchased from the company are subject to a limited warranty, which is described in detail with the product.
You agree to indemnify and hold the company, its corporate parents, subsidiaries, and affiliates, and the officers, directors, employees, agents, representatives, partners and licensors of each (collectively, the "Company parties") harmless from any damages, losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of any claims concerning: (a) your content; (b) your use / misuse of the services; (c) your violation of this agreement; (d) your violation of any rights of another party, including any users; (e) your violation of any applicable laws, rules or regulations; (f) third-party claims that you or someone using your password did something that, if true, would violate any of these terms, (g) any misrepresentations made by you, or (h) a breach of any representations or warranties you’ve made to us. The company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the company in asserting any available defences. This provision does not require you to indemnify any of the company parties for any unconscionable commercial practice by such party or for such party's negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact. You agree that the provisions in this section will survive any termination of your account, this agreement or your access to the services.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
If you have any questions regarding these Terms, please contact us.