These Terms of Use constitute a legally binding agreement
made between you, whether personally or on behalf of an entity
(“you”) and
boxwipe.com
("Company
",
“we”, “us”, or
“our”), concerning your access to and use of
the
boxwipe.com
website as well as any other media form, media channel, mobile
website or mobile application related, linked, or otherwise
connected thereto (collectively, the “Site”). You agree that
by accessing the Site, you have read, understood, and agree to
be bound by all of these Terms of Use
. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN
YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU
MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be
posted on the Site from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in
our sole discretion, to make changes or modifications to
these Terms of Use at any time and for any reason. We will
alert you about any changes by updating the “Last updated”
date of these Terms of Use, and you waive any right to
receive specific notice of each such change. It is your
responsibility to periodically review these Terms of Use to
stay informed of updates. You will be subject to, and will
be deemed to have been made aware of and to have accepted,
the changes in any revised Terms of Use by your continued
use of the Site after the date such revised Terms of Use are
posted.
The information provided on the Site is not intended for
distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would
be contrary to law or regulation or which would subject us to
any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the
Site from other locations do so on their own initiative and
are solely responsible for compliance with local laws, if and
to the extent local laws are applicable.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary
property and all source code, databases, functionality,
software, website designs, audio, video, text, photographs,
and graphics on the Site (collectively, the “Content”) and the
trademarks, service marks, and logos contained therein (the
“Marks”) are owned or controlled by us or licensed to us, and
are protected by copyright and trademark laws and various
other intellectual property rights and unfair competition laws
of the United States, international copyright laws, and
international conventions. The Content and the Marks are
provided on the Site “AS IS” for your information and personal
use only. Except as expressly provided in these Terms of Use,
no part of the Site and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted,
distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior
written permission.
Provided that you are eligible to use the Site, you are
granted a limited license to access and use the Site and to
download or print a copy of any portion of the Content to
which you have properly gained access solely for your
personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content and
the Marks.
By using the Site, you represent and warrant that:
(1) you have the legal capacity and you agree to comply
with
these Terms of Use;
(2)
you are not a minor in the jurisdiction in which you
reside
;
(3)
you will not access the Site through automated or non-human
means, whether through a bot, script or otherwise; (4)
you will not use the Site for any illegal or unauthorized
purpose; and (5)
your use of the Site will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate,
not current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or
future use of the Site (or any portion thereof).
We accept the following forms of payment:
You may be required to purchase or pay a fee
to access
some of our services. You agree to provide current,
complete, and accurate purchase and account information
for all purchases made via the Site. You further agree to
promptly update account and payment information, including
email address, payment method, and payment card expiration
date, so that we can complete your transactions and
contact you as needed. We bill you through an online
billing account for purchases made via the Site. Sales tax
will be added to the price of purchases as deemed required
by us. We may change prices at any time.
You agree to pay all charges or fees at the prices then
in effect for your purchases, and you authorize us to
charge your chosen payment provider for any such amounts
upon making your purchase.
We reserve the right to correct any errors or
mistakes in
pricing, even if we have already requested or received
payment. We also reserve the right to refuse any order
placed through the Site.
You can cancel your subscription at any time
. Your cancellation will take effect at the end of the
current paid term.
If you are unsatisfied with our services, please email us
at
kawka.maciej.93@gmail.com
.
You may not access or use the Site for any purpose other than
that for which we make the Site available. The Site may not be
used in connection with any commercial endeavors except those
that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
USER GENERATED CONTRIBUTIONS
The Site does not offer
users to submit or post
content. We may provide you with the opportunity
to create, submit, post, display, transmit,
perform, publish, distribute, or broadcast content
and materials to us or on the Site, including but
not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or
personal information or other material
(collectively, "Contributions"). Contributions may
be viewable by other users of the Site and through
third-party websites. As such, any Contributions
you transmit may be treated in accordance with the
Site Privacy Policy. When you create or make
available any Contributions, you thereby represent
and warrant that:
1. The creation,
distribution, transmission,
public display, or performance, and the accessing,
downloading, or copying of your Contributions do not
and will not infringe the proprietary rights,
including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any
third party.
2. You are the creator and
owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to
authorize us, the Site, and other users of the Site
to use your Contributions in any manner contemplated
by the Site and these Terms of Use.
3.
You have the written consent, release, and/or
permission of each and every identifiable individual
person in your Contributions to use the name or
likeness of each and every such identifiable
individual person to enable inclusion and use of
your Contributions in any manner contemplated by the
Site and these Terms of Use.
4. Your
Contributions are not false, inaccurate, or
misleading.
5. Your Contributions are not
unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam,
mass mailings, or other forms of solicitation.
6.
Your Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as
determined by us).
7. Your Contributions
do not ridicule, mock, disparage, intimidate, or
abuse anyone.
8. Your Contributions are
not used to harass or threaten (in the legal sense
of those terms) any other person and to promote
violence against a specific person or class of
people.
9. Your Contributions do not
violate any applicable law, regulation, or rule.
10.
Your Contributions do not violate the privacy
or publicity rights of any third party.
11.
Your Contributions do not contain any material
that solicits personal information from anyone under
the age of 18 or exploits people under the age of 18
in a sexual or violent manner.
12. Your
Contributions do not violate any applicable law
concerning child pornography, or otherwise intended
to protect the health or well-being of minors.
13.
Your Contributions do not include any
offensive comments that are connected to race,
national origin, gender, sexual preference, or
physical handicap.
14. Your Contributions
do not otherwise violate, or link to material that
violates, any provision of these Terms of Use, or
any applicable law or regulation.
Any use of the Site in violation of the foregoing
violates these Terms of Use and may result in, among
other things, termination or suspension of your rights
to use the Site.
You and the Site agree that we may access, store,
process, and use any information and personal data that
you provide following the terms of the Privacy Policy
and your choices (including settings).
By submitting suggestions or other feedback regarding
the Site, you agree that we can use and share such
feedback for any purpose without compensation to
you.
We do not assert any ownership over your Contributions.
You retain full ownership of all of your Contributions
and any intellectual property rights or other
proprietary rights associated with your Contributions.
We are not liable for any statements or representations
in your Contributions provided by you in any area on the
Site. You are solely responsible for your Contributions
to the Site and you expressly agree to exonerate us from
any and all responsibility and to refrain from any legal
action against us regarding your Contributions.
You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback, or other
information regarding the Site ("Submissions")
provided by you to us are non-confidential and shall
become our sole property. We shall own exclusive
rights, including all intellectual property rights,
and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful
purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby
waive all moral rights to any such Submissions, and
you hereby warrant that any such Submissions are
original with you or that you have the right to submit
such Submissions. You agree there shall be no recourse
against us for any alleged or actual infringement or
misappropriation of any proprietary right in your
Submissions.
We reserve the right, but not the obligation, to: (1) monitor
the Site for violations of these Terms of Use; (2) take
appropriate legal action against anyone who, in our sole
discretion, violates the law or these Terms of Use, including
without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability
of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability, to
remove from the Site or otherwise disable all files and
content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site
in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Site.
These Terms of Use shall remain in full force and effect
while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION
OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO
ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE
LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION
IN THE SITE OR DELETE
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you
are prohibited from registering and creating a new account
under your name, a fake or borrowed name, or the name of any
third party, even if you may be acting on behalf of the
third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal
action, including without limitation pursuing civil,
criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the
contents of the Site at any time or for any reason at our sole
discretion without notice. However, we have no obligation to
update any information on our Site. We also reserve the right
to modify or discontinue all or part of the Site without
notice at any time. We will not be liable to you or any third
party for any modification, price change, suspension, or
discontinuance of the Site.
We cannot guarantee the Site will be available at all times.
We may experience hardware, software, or other problems or
need to perform maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the right to
change, revise, update, suspend, discontinue, or otherwise
modify the Site at any time or for any reason without notice
to you. You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to
access or use the Site during any downtime or discontinuance
of the Site. Nothing in these Terms of Use will be construed
to obligate us to maintain and support the Site or to supply
any corrections, updates, or releases in connection
therewith.
These Terms shall be governed by and defined following the
laws of
Germany, Saarland
.
boxwipe.com and yourself
irrevocably consent that the courts of
Germany, Saarland
shall have exclusive jurisdiction to resolve any dispute which
may arise in connection with these terms.
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Terms of Use
(each a "Dispute" and collectively, the “Disputes”)
brought by either you or us (individually, a “Party” and
collectively, the “Parties”), the Parties agree to first
attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least
90
days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party
to the other Party.
Restrictions
The Parties agree that any arbitration shall be limited to the
Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any
Dispute to be arbitrated on a class-action basis or to utilize
class action procedures; and (c) there is no right or authority
for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other
persons.
Exceptions
to Informal Negotiations and Arbitration
The Parties agree that the
following Disputes are not subject to the above provisions
concerning informal negotiations and binding arbitration: (a)
any Disputes seeking to enforce or protect, or concerning the
validity of, any of the intellectual property rights of a Party;
(b) any Dispute related to, or arising from, allegations of
theft, piracy, invasion of privacy, or unauthorized use; and (c)
any claim for injunctive relief. If this provision is found to
be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to
submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains
typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the
information on the Site at any time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE
AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE
CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR
USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED
BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR
ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY
BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN
NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO
THE LESSER OF THE AMOUNT PAID, IF
ANY, BY YOU TO US
OR
boxwipe.com
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including
our subsidiaries, affiliates, and all of our respective
officers, agents, partners, and employees, from and against any
loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Site; (2) breach of these Terms of Use; (3) any
breach of your representations and warranties set forth in these
Terms of Use; (4) your violation of the rights of a third party,
including but not limited to intellectual property rights; or
(5) any overt harmful act toward any other user of the Site with
whom you connected via the Site. Notwithstanding the foregoing,
we reserve the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense, with
our defense of such claims. We will use reasonable efforts to
notify you of any such claim, action, or proceeding which is
subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for
the purpose of managing the performance of the Site, as well as
data relating to your use of the Site. Although we perform
regular routine backups of data, you are solely responsible for
all data that you transmit or that relates to any activity you
have undertaken using the Site. You agree that we shall have no
liability to you for any loss or corruption of any such data,
and you hereby waive any right of action against us arising from
any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting
the Site, sending us emails, and completing online forms
constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to
you electronically, via email and on the Site, satisfy any
legal requirement that such communication be in writing. YOU
HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE SITE. You hereby waive any rights
or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an
original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any
means other than electronic means.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted
by us on the Site or in respect to the Site constitute the
entire agreement and understanding between you and us. Our
failure to exercise or enforce any right or provision of these
Terms of Use shall not operate as a waiver of such right or
provision. These Terms of Use operate to the fullest extent
permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible
or liable for any loss, damage, delay, or failure to act caused
by any cause beyond our reasonable control. If any provision or
part of a provision of these Terms of Use is determined to be
unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Terms of Use and does
not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment
or agency relationship created between you and us as a result of
these Terms of Use or use of the Site. You agree that these
Terms of Use will not be construed against us by virtue of
having drafted them. You hereby waive any and all defenses you
may have based on the electronic form of these Terms of Use and
the lack of signing by the parties hereto to execute these Terms
of Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive
further information regarding use of the Site, please contact
us at:
Email: kawka.maciej.93@gmail.com