Our Terms Of Service
1. Your Bixtrary.com Account and Site
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Bixtrary may change or remove anything that it considers inappropriate or unlawful, or otherwise likely to cause Bixtrary liability. You must immediately notify Bixtrary of any unauthorized uses of your account or any other breaches of security. Bixtrary will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors
If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or video file. By making Content available, you represent and warrant that:
- the submission, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any text, graphic, audio or video…or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content (such as affiliate links) or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
By submitting Content to Bixtrary for inclusion on the Website or that of any of its partners, you grant Bixtrary a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content in ways they deem fit solely for the purpose of displaying, distributing and promoting Bixtrary. If you delete Content, Bixtrary will use reasonable efforts to remove it from the Website, but you acknowledge that content which have already been submitted or published on any of its partners site may not be made unavailable.
Without limiting any of those representations or warranties, Bixtrary has the right (though not the obligation) to, in Bixtrary’s sole discretion (i) refuse or remove any content that, in Bixtrary’s reasonable opinion, violates any Bixtrary policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Bixtrary’s sole discretion. Bixtrary will have no obligation to provide a refund of any amounts previously paid.
3. Payment and Renewal.
- General Terms. Paid services are available on the Website (any such services, an “Upgrade”). By selecting any subscription plan or Upgrade you agree to pay Bixtrary the fees indicated for that service.
- Automatic Renewal. Unless you notify Bixtrary before the end of the applicable subscription period that you want to cancel, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time in your dashboard.
4. Responsibility of Website Visitors.
By operating the Website, Bixtrary does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from risks, including but not limited to viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain containing technical inaccuracies, typographical mistakes, and other errors.
5. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Bixtrary.com links, and that link to Bixtrary.com. Bixtrary does not have any control over those external websites and webpages, and is not responsible for their contents or their use. By linking to a WordPress website or webpage, Bixtrary does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from risks, including but not limited to viruses, worms, Trojan horses, and other harmful or destructive content. Bixtrary disclaims any responsibility for any harm resulting from your use of non-Bixtrary websites and webpages where it may have been mentioned or linked to.
6. Copyright Infringement and DMCA Policy.
As Bixtrary asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Bixtrary.com violates your copyright, you are encouraged to notify Bixtrary in accordance with Global Digital Millennium Copyright Act (“DMCA”) Policy. Bixtrary will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Bixtrary will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Bixtrary or others. In the case of such termination, Bixtrary will have no obligation to provide a refund of any amounts previously paid to Bixtrary.
7. Intellectual Property
This Agreement does not transfer from Bixtrary to you any Bixtrary or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Bixtrary. Bixtrary, WordPress, Bixtrary.com, the Bixtrary.com logo, and all other trademarks, service marks, graphics and logos used in connection with Bixtrary.com, or the Website are trademarks or registered trademarks of Bixtrary or Bixtrary’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Bixtrary or third-party trademarks.
Bixtrary reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Bixtrary may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Bixtrary may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Bixtrary.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Disclaimer of Warranties
The Website is provided “as is”. Bixtrary and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Bixtrary nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
11. Limitation of Liability
Under no circumstances shall Bixtrary be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site or on any site(s) belonging to any of its partners, even if Bixtrary or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.
In no event will Bixtrary, or its partners, suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that is below or exceed the fees paid by you to Bixtrary under this agreement. Bixtrary shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
12. General Representation and Warranty
You agree to indemnify and hold harmless Bixtrary, its partners, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Bixtrary and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Bixtrary, or by the posting by Bixtrary of a revised version. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Bixtrary may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.