Oxxy Terms of Service Agreement


In relation to the website www.oxxy.com and/or any sub-website and/or associated domains of www.oxxy.com (the 'Site').

General Notice

PLEASE READ THESE TERMS OF SERVICE (THE 'TERMS') CAREFULLY. BY ACCESSING OR USING THIS SITE AND/OR ANY OF OUR SERVICES (AS DEFINED HEREUNDER), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN, OUR PRIVACY POLICY AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE THIS SITE AND/OR ANY OF OUR SERVICES.

Definitions

"We"/"Us"/"Our"/"Oxxy" means Oxxy Limited (C 50382) of THE PLAZA COMMERCIAL CENTRE LEVEL 8 / SUITE 5, BISAZZA STREET, SLIEMA SLM1640, MALTA (which is licensed to operate, represent and maintain the Site by Oxxy Group Limited (HE307150) of MICHALACOPOULOU TOWER, 1ST FLOOR, FLAT/OFFICE M102, 25, MICHALAKOPOULOU STREET NICOSIA 1075 CYPRUS) and/or any subsidiaries and/ or affiliates of the Oxxy group involved in providing the Services including the said Oxxy Group Limited (HE307150) of MICHALACOPOULOU TOWER, 1ST FLOOR, FLAT/OFFICE M102, 25, MICHALAKOPOULOU STREET NICOSIA 1075 CYPRUS and Oxxy Applications Ltd (BG201592980) of EVLOGI I HRISTO GEORGIEVI 99, SOFIA 1000, BULGARIA.

"You"/"Your"/"Yourself"/"User" means the user of the Site and/or customer of the 'Services' (as defined hereunder) including but not limited to users offering content and/or other materials or services on or through the Site.

"Services" means any services offered by Oxxy on or through the Site including but not limited to various online web site development tools and web applications operated and hosted by Oxxy to enable Users (including individuals, businesses and/or developers) to create and publish web sites. The Services also include web hosting services for the web sites created by Users through the Site.

"Intellectual Property Rights" means all vested, existent, contingent and future rights of copyright and all rights in the nature of copyright and all accrued rights of action and all other rights of whatever nature whether registered or unregistered, including but not limited to trademark, service mark, domain names, know-how, design and patent rights and all other similar proprietary rights which may be held or owned by individuals, companies, corporations or other entities whether now known or in the future created to which We at this present moment in time or at any time after the date of this Agreement may be entitled by virtue of or pursuant to any of the applicable laws in force;

Preliminary

We have the right to revise and amend these Terms (including all terms incorporated by reference) and/or the Services from time to time to reflect changes in market conditions affecting Our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Our system's capabilities or for any other reason in Our sole discretion which We may decide. Your continued access to or use of the Site and/or the Services constitutes Your acceptance of any such change and/or amendment. You waive any right You may have to receive specific notice of such change and/or amendment. We strongly encourage You to review these Terms regularly and to ensure that You are familiar with any such change and/or amendment.

You are only authorised to use Our Site and/or Our Services (regardless of whether Your access or use is intended) if You agree to abide by all applicable laws and to these Terms (which set forth the legally binding terms for Your use of Oxxy Services) as well as Our Privacy Policy. Certain Services may require additional terms and conditions in which case Your clicking of "I ACCEPT" buttons and/or other prompts and/or any other similar methods of acquiring Your consent will constitute Your acceptance of the said terms and conditions (if any).

You are responsible for all access to the Site using Your Internet connection, even if the access is by another person.

We reserve the right to restrict Your access to the Site or part of it. Access to restricted areas of the Site may be subject to registration and other conditions. If We grant You permission to access a restricted area, We may withdraw that permission at any time (including where You breach any of these Terms of Service).

Without prejudice to anything else contained in these Terms, if You are using the Site and/or the Services on behalf of any entity, You represent and warrant that You are fully authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify You and Oxxy for any violations of these Terms.

Without prejudice to anything else contained in these Terms, if You are using the Site or the Services (including registration thereto) for and/or on behalf of minors, You represent and warrant that You are fully authorized to accept these Terms on such minor's behalf and agree to be wholly responsible for any and/or all actions carried out by the said minor(s). In addition to anything else contained in these Terms, You hereby agree to hold Us harmless and relieve Us from any and/or all liability whatsoever arising from (or in any way related to) the use of the Site and/or the Services by any such minor(s).

General Grounds for Ineligibility

You may not use the Services and Your acceptance of these Terms will be deemed void if:

  1. You are not of legal age to form a binding contract between Yourself and Oxxy; or
  2. You (at any time) provide registration information or other requested information that is false or inaccurate; or
  3. You are a person barred from receiving the Services under the laws of Republic of Malta or other countries including the country in which You are resident or from which You use/ will use the Services.

Services

Subject to Your full compliance with these Terms of Service and Our Privacy Policy and all applicable laws, We will offer You the Services (as defined above). These Services may be either free of charge or subject to a paid subscription in the case of premium and/or upgraded Services (the 'Premium/Upgraded Services'). We provide the Site and Our Services on an 'as is' basis and make no representations as to the quality, completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law, We expressly exclude:

  1. all conditions, warranties and other terms that might otherwise be implied by law into these Terms of Service; and
  2. any and all liability to You, whether arising under these Terms of Service or otherwise in connection with Your use of the Site.

The foregoing is a comprehensive limitation of liability (in addition to and not instead of what is stated below) that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Notwithstanding the foregoing, nothing in these Terms of Service is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights You may have as a consumer under local law or other statutory rights which may not be excluded (including but not limited to cancellation rights), nor in any way to exclude or limit (site owner) liability to You for death or personal injury resulting from Our negligence or that of Our employees or agents.

Site Availability

We will use reasonable efforts to ensure that the Site is available at all times. However, We cannot guarantee that the Site or any individual function or feature of the Site (including access to the Services) will always be available and/or error free. In particular, the Site may be unavailable during periods when We are implementing upgrades to or carrying out essential maintenance on the Site.

Fees

Although You may be required to register with Our Site, Our basic website building and hosting Services are offered to You free of charge. Our free Services may be supported by advertising. You will have the option to upgrade Your account and purchase optional Premium/Upgraded Services (which may be various and offered at different rates) and additional features as may be made available by Us, applications, Our affiliates or business partners from time to time, by subscribing to the said Services (the 'Subscription').

You shall have the option of subscribing for Premium/Upgraded Services either on a monthly or yearly basis. You will be able to upgrade or downgrade Your Subscription to any other subscription for Services that Oxxy is currently offering for sale.

To avoid the interruption of the Services offered to You, at the end of Your Subscription, Your Subscription will be automatically renewed for an additional term until explicitly cancelled by You. Cancellation must be issued via the Site's interface or via Oxxy's support addresses. Any cancellation issued via the Site's interface must be done at least one (1) day prior to the end of the term of Your Subscription. Any cancellation not issued via the Site's interface must be done at least three (3) days prior to the end of the term of Your Subscription to allow for adequate processing time.

The Premium/Upgraded Services provided by Oxxy (as defined on the Site) are provided in accordance with the provisions of these Terms and the specific commercial provisions and policies (including cancellation terms) as detailed on the Site, and such provisions and policies as may be amended or changed from time to time, are incorporated herein by reference and shall be considered as an integral part hereof. Oxxy reserves the right to change its prices at any time.

Beta Version Notice

Oxxy is currently released in Beta for use by registered Users only. YOU ACKNOWLEDGE THAT THE SITE AND OUR SERVICES ARE IN BETA FORM AND ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND MAY CONTAIN FAULTS AND/OR 'BUGS', AND OXXY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR THE AVAILABILITY, SECURITY, OPERATION, AND RELIABILITY OF THE SITE AND THE SERVICES.

Third Party Content, Websites and Services

The Site may contain third-party content (such as images, widgets, text and sound) and/or provide links to third party websites and online resources. We are not responsible for and do not endorse such content, external sites or resources.

Your use of third party content and/or websites and resources is at Your own risk and You explicitly hold Us harmless and relieve Us from any and/or all liability arising from Your use of such third-party content and/or access to third-party websites in any manner whatsoever.

You hereby acknowledge and agree that Oxxy shall have the right, at any time, at is sole and exclusive discretion to demand that You immediately remove such third party content from any website or other web platform created and/or published by You on the Site and/or to remove from the Site and/or disable access to such third party content. In case of Your default to remove any such content by no later than 24 hours from when Oxxy provided You with notice to that effect, You hereby agree that Oxxy may disable access to Your content as created and/or published by You on the Site and/or to delete it at its sole and exclusive discretion without any liability whatsoever to Oxxy (and You shall have no rights to be reimbursed for any amount paid by You to Us). You hereby agree to keep Us fully indemnified in the manner described below in these Terms.

Oxxy, (in collaboration with its partners) may choose to offer You one or more new email accounts (as part of the Subscription or on special offer or at an additional cost as will be communicated to You via this Site or by any other means) which, if you accept, will be linked with your domain registration. To create an email account (which may include business email accounts) through Oxxy, you will generally be asked to fill in a special form and choose a new email address, which form will then be processed by the host who will be managing the email account. Please read our Privacy Policy for more information on the manner in which we process your personal data and the precautions we take when authorised third parties, including external/third party service providers (such as email service providers) are necessarily involved to be able to provide you with the support and/or service (such as an email account) which You request from or through Oxxy.

In addition to the above and without prejudice to anything else contained in these Terms, You hereby agree that Oxxy shall have no responsibility or liability whatsoever regarding any third party services used by You on or through Your Oxxy formed web content (including but not limited to payment and e-commerce services), and any use of such third party services shall be at Your own responsibility and liability. You further acknowledge and agree that the providence of technical ability to link to such third party services (such as the inclusion of 'PayPal' buttons or similar mechanisms), is provided by Oxxy only as part of the Services but shall not be deemed as to create any liability or responsibility on behalf of Oxxy.

We strongly urge You to familiarise Yourself with all the terms and conditions and/or privacy policies of any relevant third parties.

User Account and Password

When registering with Us (for free Services or a Subscription for Our Premium/Upgraded Services) You will be asked to choose a username (which will be Your email address) and a password for Your account. We may also offer you the possibility of registering with Us (and/or logging in to the Site and/or the Service) by using Your pre-existing accounts with certain third party services such as Facebook and/or Google+ (as well as other means of authorization as may be introduced by Us in the future).

You are solely responsible for maintaining the confidentiality of Your password, and fully responsible for all activities that occur under Your account.

You hereby agree not to use the account, username or password of another User at any time without permission or to disclose Your password to any third party or do anything else that might jeopardize the security of Your account. You agree to notify Us immediately of any unauthorized use of Your password or account or any breach of security and understand that We reserve the right to take legal actions against individuals who misuse their accounts on Our Site and/or Subscriptions for Our Services.

Oxxy will not be liable for Your losses caused by any unauthorized use of Your account, username and/or password.

Your Site Subdomains

When You create Your website via Our Site, Oxxy currently offers You the possibility of choosing one subdomain for Your account (for example http://ACCOUNTSUBDOMAIN.oxxy.com/sitename). Oxxy maintains ownership of Your account subdomain and grants You a limited, non-exclusive, non-sublicensable, non-transferable, freely revocable, license solely to use the account subdomain on the Site. The account subdomain You choose for Your website and Your account are non-transferable. You will be solely responsible and liable for any activity that occurs under Your account subdomain, Your website and Your account more generally. In particular, Oxxy shall in no way be responsible for Your use of others' trademarks or other intellectual property rights in the name, domain, subdomain or in linked headers of Your account, Your website or elsewhere. You are strongly advised to carry out any necessary searches to avoid making use of any such proprietary material.

At any time You may upgrade Your account to purchase Your own custom domain name (including domain names offered by Our domain supplier(s)).

Your Additional General undertakings:

Services

Your permission to use the Site is personal to You and non-transferable. Your use of the Site is conditional on Your compliance with the rules of conduct set forth in these Terms of Service and You agree, in particular, that You will not:

  1. use the Site and/or the Services for any fraudulent, unauthorised and/or unlawful purpose;
  2. use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
  3. upload, post, email, transmit, or otherwise make available any material that is subject to Intellectual Property Rights or otherwise subject to third party proprietary rights (including privacy and publicity rights) unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant Oxxy and/or any of its Users all of the license rights granted herein
  4. use profanity or others' trademarks or other intellectual property rights in the name, domain or subdomain of Your website (or elsewhere).
  5. upload, post, email, transmit, or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising or communications, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  7. engage in "spamming" to promote Your website or Content, or engage in unethical marketing, advertising, any other practice connected in any way to "spam" including, sending content or emails (email sending is limited to 100 emails per hour for every account on Our Site);
  8. impersonate any person or entity, falsely state or otherwise misrepresent Your affiliation with any person or entity in connection with the Site; or express or imply that We endorse any statement You make;
  9. interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;
  10. transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
  11. reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
  12. modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site. If You wish to reverse engineer any part of the Site to create an interoperable program You must contact Us and We may provide interface data subject to verification of Your identity and other information;
  13. remove any copyright, trade mark or other Intellectual Property Rights and/or proprietary rights notice from the Site or materials originating from the Site;
  14. frame or mirror (or in any way assist in such framing or mirroring) any part of the Site without Our express prior written consent;
  15. create a database by systematically downloading and storing Site content;
  16. use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without Our express prior written consent. Notwithstanding the foregoing, We grant the operators of public online search engines (limited) permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator's public online search service. This does not affect in any way any search engine optimization (SEO) related to Your website. If Users indicate, via appropriate checkboxes (or other similar methods), that they wish User websites to be indexed on publicly available searchable indices, Oxxy will assist Users in this regard (without guaranteeing any results regarding site rankings or similar objectives).

We reserve the right to revoke these exceptions either generally or in specific instances.

You may create a link to this Site, provided that:

  1. the link is fair and legal and is not presented in a way that is:
    1. misleading or could suggest any type of association, approval or endorsement by Us that does not exist, or
    2. harmful to Our reputation or the reputation of any of Our affiliates;
  2. You retain the legal right and technical ability to immediately remove the link at any time, following a request by Us to do so;

We reserve the right to require You to immediately remove any link to the Site at any time and You shall immediately comply with any request by Us to remove any such link.

Declaration of Sole Responsibility

Without prejudice to anything else contained in these Terms, You accept sole responsibility for all of Your activities using the Site and/or the Services, including Your conduct on the Site and any and/or all content You may submit, post, share or otherwise make available via the Site. For the avoidance of all doubt, You will be responsible for ensuring that You do not violate any laws of Your jurisdiction, including but not limited to copyright laws and any third party rights.

Cancellation Policy

Your membership to Our premium Services will continue until You explicitly cancel Your subscription. Cancellations (or downgrades to Your Subscription) will occur at the end of the agreed Subscription period (i.e. at the end of the month or the end of the year as the case may be or as otherwise agreed). Unless otherwise required by any applicable law, We provide no refunds for partial unused months but only refunds for months that have not yet started. This cancellation policy applies to all premium Services EXCEPT DOMAINS. Please see "Domain Terms of Service" below for more information. To cancel or downgrade Your premium Services (or any subscription You may have with Us), please contact us at: support@oxxy.com.

Refund Policy

Oxxy provides both free and paid services to Users. If You are dissatisfied with Your service for any reason, You may request cancellation of the service within fourteen (14) days from activation of Your account relating to the Services and You will receive a refund within fourteen (14) days from the day on which We are duly informed of Your request to cancel the said service. The money-back guarantee does NOT apply to domain name registration and other domain name services. If You select to purchase Your own domain name, this purchase is non-refundable and it will remain effective until the duration of the domain term has expired.

However, We can assist You in transferring or pointing Your domain to the host of Your choice. The amount of Your refund will be the price of the paid Service You purchased from Oxxy minus domain name registration fees and overage charges.

In case of an upgrade from one (paid) Subscription to another, the price of the upgraded Subscription shall be minus any amounts previously paid for relevant unused periods that will be covered by the upgraded Subscription (for example, if a User has paid for a 12 month period ('Y' X 12) and on the 7th (paid-up) month decides to upgrade the Subscription to a Subscription costing more per year ('Z' X 12), the amount that will be due for the upgraded Subscription, shall be on a pro rata basis 'Z' X 12' minus 'Y' X 5' [5 being the number of months previously paid for in connection with the lower priced subscription]). This refund policy is not intended to replace any more favourable statutory rights You may enjoy as a consumer under applicable Maltese or European legislation as may be in force now or in the future.

Repeated cancellation of and re-registration to any of the Services (including, in particular, those that are free of charge) without a reason which in Oxxy's sole discretion appears to be valid, shall be construed as an act of bad faith on Your part and Oxxy retains the right to take all appropriate measures against You for any such acts (including banning You from using the Site and/or Services on a temporary or permanent basis). Please read Our Privacy Policy for information regarding the ways in which We may ascertain Your identity when using the Site and/or the Services.

Domain Terms of Service

Domain registration is brought to You through Our partnership with third party registrars. Purchasing a domain through Oxxy means that You agree to these Terms as well as third party terms and conditions (at present, the relevant third party terms and conditions provided by Our partner 'www.namecheap.com' can be viewed by clicking the following: https://www.namecheap.com/legal.aspx. By asking Us to purchase a domain registration from www.namecheap.com on Your behalf You hereby indicate Your acceptance of all the said third party terms and conditions.

You are the legal owner of the domain registration. For more information on registrant rights and responsibilities, please view the ICANN 2013 Registrar Accreditation Agreement http://www.icann.org/en/resources/registrars/raa/approved-with-specs-27jun13-en.htm

For Your convenience, Your domain registration will be automatically renewed upon expiration of each registration period unless and until You cancel such registration. Oxxy reserves the right to change its prices at any time. You hereby agree that You cannot return or exchange Your domain and that all sales are final.

Purchasing any other third party services through Oxxy also means that You agree to these Terms as well as any other relevant third party terms and conditions relating to such services not provided by Oxxy (and for which Oxxy assumes no responsibility) including but not limited to WHOIS privacy services (if any). At present, third party WHOIS privacy services provided by Our partner 'www.namecheap.com' can be purchased through Oxxy subject to agreement of the following third party terms and conditions https://www.namecheap.com/legal/whoisguard/whoisguard-agreement.aspx

By asking Us to purchase any third party services from www.namecheap.com (or any of Our other partners) on Your behalf You hereby indicate Your acceptance of all applicable third party terms and conditions.

Intellectual Property Rights

You acknowledge that Oxxy (and/or its licensors) owns all right, title, and interest in and to the Site and/or any content on the Site not posted by an Oxxy User and/or an acknowledged third party, including all Intellectual Property Rights (the "Oxxy IP"). Oxxy IP is protected by local and international intellectual property laws. Accordingly, You agree that You will not copy, reproduce, alter, modify, or create derivative works from the Site or Oxxy IP. You also agree that You will not use any robot, spider, other automated device or manual process to monitor or copy any content from the Site or Oxxy IP. In particular, You may not print or otherwise make copies of any such content without Our express prior permission. Moreover, You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or any of the content therein.

Oxxy does not claim any Intellectual Property Rights over the content You upload, transmit or otherwise make available (via Our Site or elsewhere) and any such User Content shall be considered as granted the rights under the User selection for the copyrights in the appropriate selection in the Oxxy Site. With respect to User Content (wherever this may be found) the Content shall be deemed and considered as license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on publicly accessible areas of the Oxxy Site and/or Services, and might also be accessible from other websites. With respect to Content You submit or make available for editing by other Users of the Site, the uploading of such Content shall be deemed and considered as license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on such publicly accessible areas of the Oxxy Site (including for promotional purposes) and Service and might also be accessible from other websites. Such license shall be terminated only upon removal of such User Content (either by the User or by Oxxy). All the above is subject to the warranties and Your obligations contained elsewhere in these Terms.

User Content

The Oxxy Site enables Users to create and publish web sites that are hosted by Oxxy ("User Sites") as well as the hosting, sharing, and/or publishing of such User content. You control the websites You create using Our Services and Oxxy does not claim any ownership rights in any files, images, photos, videos, text, musical works, sounds, comments, recommendations, forums, listings, logos, trademarks, postings, messages, tags, works of authorship, or any other work or authorship added to or submitted with any of the foregoing (collectively, "User Content") posted by You or by visitors or members of Your websites. YOU UNDERSTAND THAT ALL USER CONTENT IS UNDER YOUR/THE USER'S SOLE RESPONSIBILITY.

You are therefore responsible for the removal of any such content that is in violation of these Terms of Service, the applicable terms of services of any third party and/or any applicable laws and ensuring compliance with these (or any applicable) Terms of Service as well as compliance with any and/or all applicable laws.

In addition, You understand and acknowledge that Your business dealings, correspondence or interactions with any User site and any terms, conditions, warranties or representations associated with such dealings or interactions are solely between You and the operator of such User site. FOR THE AVOIDANCE OF ALL DOUBT, THEREFORE, YOU ACKNOWLEDGE AND AGREE THAT OXXY IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING, THE CONTENT, FUNCTIONALITY, BUSINESS, LEGALITY, ACCURACY, COMPLETENESS, QUALITY, RELIABILITY, SECURITY, USEFULNESS OR PRACTICES OF ANY USER SITES OR FOR ANY DEALINGS WITH OR TRANSACTIONS CONDUCTED ON OR IN CONNECTION WITH ANY USER SITE AND OXXY HAS NO OBLIGATION TO MONITOR SUCH CONTENT OR ANY OF YOUR WEBSITES. YOU, AND NOT OXXY ARE ENTIRELY RESPONSIBLE FOR ALL CONTENT THAT YOU UPLOAD, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE ON AND/OR VIA THE SITE AND/OR THE SERVICES. OXXY DOES NOT CONTROL THE CONTENT POSTED ON AND/OR VIA THE SITE AND/OR THE SERVICES AND, AS SUCH, DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH CONTENT OR THAT ITS UPLOADING DOES NOT INFRINGE ANY THIRD PARTY RIGHTS.

The hosting of any User site does not imply endorsement or sponsorship by Oxxy or any association or affiliation with its operators or the content, business or operation of the User Site, and if You create any User site, You may not do anything to imply any such endorsement, sponsorship, association, affiliation or relationship with Oxxy unless We give You explicit authorization in this regard. YOU USE AND INTERACT WITH SUCH USER SITES AT YOUR OWN RISK. You may not use the name, logo, trademarks or other Intellectual Property Rights of Oxxy to imply any sponsorship, affiliation or relationship between You and Oxxy other than that Oxxy is hosting Your User site and/or that Oxxy Services were used to create Your User site.

IN ADDITION, WHILE OXXY IS NOT RESPONSIBLE FOR AND DOES NOT REVIEW THE USER CONTENT, OXXY RESERVES THE RIGHT TO DELETE ANY SUCH USER CONTENT THAT OXXY DEEMS, IN ITS SOLE DISCRETION, RACIST, HURTING, ABUSING, ILLEGAL, OR UNACCEPTABLE FOR ANY REASON AND WITH NO NEED TO PROVIDE EXPLANATIONS.

By displaying or publishing ("posting") any content on and/or through the Site and/or through the Services, You hereby grant to Oxxy a limited, non-exclusive and royalty-free license to use, modify, publicly perform, publicly display, publish, reproduce, distribute, list information regarding, edit, translate, and make derivative works of such User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use solely in connection with the Services.

Intense Internet Traffic

If You have reason to believe that large numbers of Users will visit Your website in short time periods, (by way of example, resulting from intense marketing campaigns), You are strongly encouraged to contact Us (well in advance of any such periods of intense Internet traffic) so that We may (in Our exclusive and sole discretion) advise You on the best course of action. We may, in Our exclusive and sole discretion, choose to offer You limited and/or exclusive offers (at a fee) to be able to manage the high traffic during the intended period.

Although it is highly unlikely that Your website will not function as intended during such period(s) of intense Internet traffic, without prejudice and in addition to what is stated elsewhere in these Terms, We expressly disclaim any and/or all liability in such eventuality (unless We have received suitable advance warning in writing of any such periods of intense Internet traffic).

Security

You are responsible for maintaining the security of Your account and content, and You are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You hereby agree to immediately notify Oxxy (in writing) of any unauthorized use of Your account or any other breaches of security whatsoever. Oxxy cannot and will not be liable for any loss or damage from Your failure to comply with this security obligation.

You acknowledge and agree that under no circumstances will Oxxy be liable, in any way whatsoever, for any acts or omissions by any Oxxy User or other third party, including any damages of any kind incurred as a result of such acts or omissions.

Limitation of Liability

Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall Oxxy or any other contributor or supplier of Oxxy be liable to any person for any indirect, special, incidental, or consequential damages of any kind including, without limitation, damages for loss of goodwill, work stoppage, interruption of the Services, computer failure or malfunction, loss of data, or any and all other commercial damages or losses, even if such party shall have been informed of the possibility of such damages. You further understand and agree that while every reasonable precautions shall be undertaken by Oxxy, We are not/shall not be responsible for any loss or damage incurred by You, including but not limited to loss or damage as a result of:

  1. Any changes to the Site and/or the Services made by Oxxy or any temporary or permanent cessation in the provision of the Services (or any features within the Services),
  2. The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through Your use of the Site and/or the Services,
  3. Interruption of the Services (including access to the Site), malware (including viruses and/or Trojans) and/or other errors over which Oxxy has no control,
  4. Any third party services and/or content of any kind. You understand that any hyperlinks to third party websites shall be regulated by the terms and conditions of third parties and that access to/use of such third party website shall be at Your own risk.

Without prejudice to the foregoing, should a court of law or other adjudicating body still find against Oxxy regarding any matter relating to the Services, Oxxy's maximum liability against the claimant shall not exceed the total amount in fees which the claimant was paying/shall pay for six months of the Services in question.

Events Beyond Control of Oxxy

Without prejudice and in addition to anything else contained in these Terms, under no circumstances will Oxxy be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a contract or for any delay or failure in the Site and/or any of the Services and/or information on the Site that is caused directly or indirectly by events outside Our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  1. 14.2.1. Strikes, lock-outs or other industrial action;
  2. 14.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  3. 14.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  4. 14.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  5. 14.2.5. Impossibility of the use of public or private telecommunications networks;
  6. 14.2.6. non-performance of third parties;
  7. 14.2.7. The acts, decrees, legislation, regulations or restrictions of any government;
  8. 14.2.8. Internet and/or equipment and/or electrical power failures.
  9. 14.3. Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

Warranty Disclaimer

WITHOUT PREJUDICE AND IN ADDITION TO WHAT IS STATED ANYWHERE IN THESE TERMS, YOU HEREBY AGREE THAT YOUR USE OF THE SITE AND/OR THE SERVICES SHALL BE AT YOUR SOLE RISK. THE SITE AND ALL WEBSITE CODE, PLATFORM CODE, APPLICATIONS, THE SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE AND THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. OXXY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE OR ANY USER SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, OXXY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. IN ADDITION, OXXY MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SAFETY, ACCURACY AND/OR COMPLETENESS OF THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE OR OF ANY SITES LINKED TO THE SITE OR ACCESSED THROUGH THE SERVICES FOR ANY PURPOSE.

Indemnity

You agree to indemnify, defend, and hold harmless Oxxy, (including any subsidiaries and/or affiliates) and its respective officers, agents, co-branders or other partners, employees, and third party service providers from and against any claim, demand, loss, damage, cost, or liability whatsoever (including reasonable attorneys' fees) arising out of or relating to any content You submit, post, transmit, or make available on and/or through the Site and/or through the use of the Services; Your breach or alleged breach of these Terms or Our Privacy Policy; Your connection to the Services; Your use or misuse of the Site and/or the Services; or Your violation of any rights (including intellectual property rights) of any third party.

Oxxy reserves the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify Us and You agree to cooperate with Our defence of these claims. You agree not to settle any matter without the prior written consent of Oxxy. Oxxy will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.

Access to Your Account Information

You acknowledge, consent and agree that Oxxy may access, preserve and disclose Your account information (including Your name and contact information) and content You upload to (or via) the Site if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary or appropriate to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; (d) respond to Your requests for customer service; or (e) protect the rights, property or personal safety of Oxxy, its Users and the public. Please see Our Privacy Policy for more information on how We may use and disclose Your account information.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Oxxy without restriction or limitations.

Governing Law

These Terms of Use and Our Privacy Policy are governed by and construed in accordance with the laws of the Republic of Malta. Any dispute (including non-contractual disputes) arising from these Terms and/or Our Privacy Policy and/or any matter relating to the Site and/or the Services shall be subject to the exclusive jurisdiction of the Maltese courts and/or other adjudicating bodies.

Contact Details

Oxxy Ltd. (Malta)
The Plaza Commercial Centre
Level 8 / Suite 5
Bisazza Street
Sliema SLM1640,
Malta
Telephone number: +356 203 41 888
Email: support@oxxy.com

Oxxy Group PLC
Michalakopoulou Tower
1 st Floor, Flat/Office M102
25, Michalakopoulou Street
Nicosia, 1075
Cyprus

Oxxy Applications Ltd.
Evlogi i Hristo Georgievi 99
Sofia, 1000
Bulgaria

If You become aware of misuse of any Oxxy Services by any person, please contact Us (according to the contact information provided above)

Oxxy does not endorse any User Content, third party content or any opinion, recommendation, or advice expressed therein, and Oxxy expressly disclaims any and all liability in connection with User Content and/or third party content.

Last Updated on 1st August 2016

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