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Terms and conditions

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).

CONTENT

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.

LICENSE, DO’S & DON'TS:

License:

  1. We will grant you the right to use our blocks/designs in your project/website if you subscribe with us.
  2. Subscribers set up a project for every website domain on which they want to use the blocks/designs.
  3. It will load all the blocks/designs the user requested from our site when they add the site-key to a domain associated with their project.

No ownership:

  1. OxyMonster does not grant you ownership rights to the item, only the right to use it. Items are subject to specific licensing conditions which are found in the OxyMonster License.

Effect of discontinuing subscription:

  1. If you have created a project for a specific domain, after the subscription has ended you can continue using the blocks and designs you have used in your web designs.

Reselling is not allowed:

  1. Reselling OxyMonster items, blocks, layouts, pages, templates, or any other OxyMonster items ( neither as individual items nor as a part of combined or modified elements) obtained via the license is not allowed in any way.

Services:

  1. OxyMonster subscribers get access to other services like customer support.

Support:

  1. We make every effort to ensure our blocks/designs do not cause/have any issues. In the event that you encounter any issues or incompatibilities, you can open a support ticket and ask for our assistance. Customers with an active license can receive dedicated support.

Transacting as a Subscriber:

  1. You can use a Credit Card via Stripe or PayPal to pay for your payment. There may be a processing fee.
  2. By accepting the terms of the individual payment method, you must agree to those conditions.
  3. In the event that credit card or PayPal payments fail for your subscriptions, we may suspend your account immediately.
  4. If we cancel your subscription, all your rights under these terms and the OxyMonster License will also be revoked.
  5. Currency conversion costs: 
    1. You are responsible for all currency conversion costs associated with your OxyMonster subscription. Your financial institution handles these conversions.
    2. Therefore, you may incur additional costs, something we have no control over, when you subscribe to OxyMonster.
  6. Subscription Terms: 
    1. Upon subscription to OxyMonster, you agree to the following terms:
      1. you agree to abide by the OxyMonster License and understand what is permitted and not permitted with OxyMonster items;
      2. OxyMonster cannot guarantee that certain items will continue to be available;
      3. once you use an Item, you acquire a non-exclusive license to use it under the terms set forth in the OxyMonster License (non-exclusive means others might also be license the same Item); and
      4. you do not become the owner of items that you use.
  7. Please review this section carefully to understand the terms on which you are making a purchase.
  8. Location Information:
    1. We may determine your location using geographic location data, which will be used for tax purposes (so provide us with accurate data for tax residency purposes).

PURCHASES

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: 

  1. you are authorized to use any credit cards or other payment methods you choose in connection with any Purchase; and
  2. all information you provide is true, accurate, and complete.

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.

ACCOUNTS

  1. By creating an account with us, you guarantee to us that you are over 18 and that the information you provide us is true, accurate, and current at all times. We may immediately terminate your account if we discover inaccurate, incomplete, or outdated information.
  2. When you create an account with us, we process and protect your Personal Data in accordance with our Privacy Policy.
  3. You are responsible for keeping your password secure, including restricting access to your computer or account.
  4. You hereby accept responsibility for any and all activities or actions under your account or password, whether your password belongs to our Service or another party.
  5. If you learn that your account has been breached, you must contact us immediately.
  6. Names of other people or entities that are lawfully unavailable for use are not lawfully capable of being used as usernames, such as a trademark protected by rights of someone other than you, without appropriate authorization. No offensive, vulgar or obscene name may be used as your user name.
  7. In our sole discretion, we reserve the right to refuse service, terminate accounts, edit or delete content, or cancel orders.
  8. You can't transfer your subscription. You are accountable for any misuse of Oxymade that occurs in conjunction with your username and password, so keep your password secure and don’t let anyone else use them. You need to let us know immediately if you discover any unauthorized use of your password or any breach of security.

INTELLECTUAL PROPERTY

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.

What should I do if I find any abuse or offensive content?

  1. Please contact our Customer Support team at support@oxymonster.com to report suspected policy violations.

FAIR USE POLICY

OxyMonster's User Terms and OxyMonster License require you to

  1. Not act in a way that doesn't match the values of the community, or in a way that might hurt us or others; and
  2. You can only use an item once you have a valid subscription on OxyMonster and when you create your new project on our website with the associated domain.

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.

Our use of your information

  1. Privacy
    1. We abide by our Privacy Policy and respect your privacy.
  2. We describe our privacy practices in our Privacy Policy.
  3. Confidential Information: 
    1. We are committed to protecting your information. You may find confidential information about us or someone else while using oxyMade. You agree not to provide any confidential information obtained through oxyMade to any other person.

RETURNS AND REFUNDS POLICY

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:

  • Email: support@oxymonster.com
  • Website: https://oxymonster.com/support/

DISCLAIMERS AND LIABILITY PROVISIONS

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.

DISCLAIMERS

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 

  1. The Service will function uninterrupted, secure or available at any particular time or location; 
  2. Correction of errors or defects is guaranteed.
  3. The Service does not contain viruses or other harmful components; or
  4. The results of using the Service will meet your needs.

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.

NO GUARANTEES

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.

LIMITED WARRANTY

Certain products purchased from the company are subject to a limited warranty, which is described in detail with the product.

INDEMNIFICATION

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.

BETWEEN US AND SUBSCRIBERS

  1. AVAILABILITY
    1. We strive to make oxyMade available to you 24/7. Of course, as you know, the internet is ever-changing and so will occasionally you might not be able to access oxyMade. This could happen for any reason, without notice, or in our sole discretion. 
    2. We may also redesign the way oxyMade works, including the kinds of items that are available on oxyMade and how you access OxyMonster and it's products.
  2. THIRD PARTY: 
    1. If you are agreeing to these terms on behalf of someone else, you represent that you have full legal authority to bind them. Subscribe to oxyMade only if you are a real person.
  3. CONSUMER LAWS: 
    1. Some countries may have non-excludable consumer guarantees. In these terms, we do not exclude, restrict, or modify non-excludable consumer guarantees. Besides consumer guarantees that cannot be excluded, we are bound only by the express promises expressed in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to replacing or paying the cost of replacing the relevant Item or service, (unless the non-excludable consumer guarantee says otherwise). You must not use an Item in violation of any export laws that apply to you.
  4. BLOCKING OR DISABLING YOUR SUBSCRIPTION:
    1. We may refuse to process your payment, block you or end your subscription if we reasonably believe there is an associated risk, including if it violates a law or regulation. Examples of transactions we might restrict include payments from or to an authority sanctioned by the United Nations, the United States government, or the Canada government; or transactions where we believe there is a legal or regulatory risk to us or our members. You assure us that you are not on a sanctioned countries list or in a sanctioned country. Members may also be blocked if we cannot make payments to or from that country. You should find out what payment methods are available for making payments in your country.
  5. CHANGES TO THE TERMS: 
    1. We reserve the right to modify or replace these Terms at any time, at our discretion.If the revision is material, we will notify you at least 30 days beforehand. We will decide what constitutes a material change at our sole discretion.
    2. By accessing or using our service after a revision becomes effective, you agree to be bound by the revised terms. You are no longer authorized to use the Service if you do not agree to the new terms.
    3. However, if you continue to use oxyMade after the changes are made, then you automatically agree to the changes regardless of how long has passed.
  6. Changes can have a material or negative impact on you according to their nature and your particular circumstances. For example, an increase in transaction fees or the removal of an entire category of Items may have a significant effect on how much value you get out of oxyMade. In most instances, removing one item or clarifying a small portion of the oxyMade License will not affect you adversely.
  7. INTERPRETATION: 
    1. The words ‘including’ and ‘include’ do not have a limitation, and when we say ‘our discretion’, we mean it.
  8. APPLICABLE LAWS: 
    1. We control and operate oxyMade from our office in Hyderabad. The laws of Hyderabad, Telangana govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.
    2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. 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. 
    3. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

OTHER LICENSE TERMS

  1. An item can only be used lawfully. Additionally, you can’t use an Item when it is offensive, defamatory, pornographic, obscene or demeaning, or promotes discrimination. Even if an Item contains an image of a person, it cannot be used to create a fake identity, to suggest personal endorsement of a product by the person, or to address sensitive topics.
  2. Items containing digital copies of real products, trademarks, or other intellectual property owned by others have not been property released. You must determine whether using these Items requires a clearance, at which point you must obtain that clearance from the intellectual property owner.

EXCLUSIONS

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.

CONTACT US

If you have any questions regarding these Terms, please contact us.

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