By accessing this site, you are agreeing to be bound by these site Terms and Conditions of Use (the "Terms"), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this site are protected by applicable copyright and trademark law.
1. Subject Matter of the Terms
Subject to these Terms, by accepting these Terms of Xyliase (the "Site"), you become a user (the "User") of the Site, and the Site shall provide you with your chosen services, websites and applications (the "Service"). The site will allow the user to add, view, and download text, information, graphics, audio, video, and data (the "Content"). Your access to and use of the Site and the Service is conditioned on your acceptance of and compliance with these Terms. By subscribing to any Service on the Site, you will have the option to accept the Terms. By using PayPal to handle payments you also agree to PayPalв„ў's Acceptable Use Policy
"Goods" the goods, services and any other products of the User to be delivered through the Site in accordance with these Terms.
"User Website" the website of the User, where the Goods are disposed, advertised and where sale-purchase or other agreements are entered into between the User and the End Customer. This can be a page on Xyliase, or linked to Xyliase.
"Customer" the end customer - purchaser or other recipient of the Goods.
"Intellectual Property" shall be any works, creations, inventions, designs, know-how, computer programs, software, source codes, documents, products, processes, materials, brands, trademarks, images, and any other similar non-material assets, and any part thereof, distributed by the User.
"Intellectual Property Rights" shall mean patents, rights to inventions, copyright and related rights, trademarks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or non-registered and including all applications (and rights to apply for such rights as mentioned under this paragraph), and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world that can in any way be related to what is offered by the User.
3. Obligations, Warranties and Representations
We, Xyliase, have the right to terminate your account without notice at any time, if any representation or warranty specified hereinafter is untrue in any respect.
By accepting the Terms, the User warrants and represents the following:
The User shall be the sole User of the Site, you shall maintain all logins and usernames confidential. Should any third person use your login and username, You shall be liable for any actions of such third person.
The User has the legal capacity and authority to:
enter into binding contracts of any nature; if you represent a legal entity, you represent and warrant that you are fully and legally authorized to act on behalf of this legal entity, undertake and fulfill these Terms, subscribe to and use the Service and the Site, including, where applicable, the buying, selling and listing of items, in accordance with these Terms. The User shall not use the Site for any purpose and in any way that is illegal in accordance with law applicable to these Terms and your home law, or prohibited by these Terms.
All information supplied by You is true and accurate, including information submitted as part of the registration and subscription process.
The User have the right to legally advertise, sell or otherwise distribute any and all your Goods, including, but not limited to, the Goods distributed on your Website or otherwise; you and/or the legal entity represented by have created and/or have obtained all licenses, permissions, agreements and other consents from the authors, inventors and any other holders of Intellectual Property Rights to the Goods or any part thereof; and that all sales and advertisements will be in compliance with applicable legal requirements, including, but not limited to, your products and services, and any your actions:
Does not infringe any Intellectual Property Rights
Does not infringe any rights or other persons
Does not infringe any human rights
Is in compliance with the applicable legal provisions, including, but not limited to, laws of advertising, competition, copyrights and related rights, etc.
Is compatible with best practices applicable to your business or other activity.
Without limiting the foregoing, the User is prohibited to disseminate and distribute any of the following:
For any issues concerning the legitimacy of the Goods, the applicable legal provisions shall apply, and the User shall cooperate and put all reasonable efforts, present responses and any assistance to Xyliase, in case of any investigation of the legitimacy of the Goods.
The User agrees that any Goods might be removed from the Site by Xyliase at any time at its own discretion in accordance with applicable legal provisions.
4. Format and Quality of the Goods
The Goods can be of any form and quality; however, we recommend describing them in detail in the User's product information for the Customers. Xyliase will not be held responsible by the quality of the goods by the customer or the user. The user acknowledges that if the user elects to enable the "automatic pdf stamping" service, files that end in ".pdf" will be modified by Xyliase to include the buyer's IP, email, and/or other identifying details on the uploaded goods. The user gives Xyliase permission to modify the pdf files to fulfill this service. The user understands this service is optional and if the user does not enable this service, the goods will never be modified by Xyliase.
5. Cancellation Policy
The User shall have the right to unregister from the Site and terminate the Service at any time by contacting Xyliase and requesting an account closure if they provide proof of ownership.
The data of the User shall be stored within the Site confidentially from the expiration of the Time of Termination, and the User shall have the right to renew the subscription. After the expiration of the said term, the data of the User's account shall be immediately terminated.
If any deduction of the Fee from the User's accounts occurs in accordance with these Terms and Conditions during the Termination Time, this Fee belongs to the Xyliase. If any of the Goods is ordered and delivered within the Time of Termination, the Fee belongs to the Xyliase. If any deduction of the Fee occurs after the expiration of the Time of Termination, except the payment is made for the Goods ordered and delivered until the expiration of the Time of Termination, such sums deducted, if any, shall be immediately refunded to the User.
Xyliase shall archive and store all details of the use of the Service, including, but not limited to, the invoices, as well as the contact details of the User, for the period of time as established by applicable legal provisions. No personal information shall be transferred to any third parties, except in cases provided by mandatory legal provisions, including, but not limited to, to State Tax Inspectorate, courts of other competent institutions that request such information, or for the purpose of presenting legal claims or defense.
6. Disclaimer of Warranties
XYLIASE, ITS SUPPLIERS, AND SERVICE PROVIDERS, PROVIDE THE SERVICES, CONTENT, MATERIAL, PRODUCTS AND ANYTHING ELSE AVAILABLE THROUGH THIS SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND EXPRESSLY DISCLAIM ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. XYLIASE, ITS SUPPLIERS, AND SERVICE PROVIDERS, DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED AND MAKE NO REPRESENTATIONS REGARDING UPTIME, USE, DATA SECURITY, ACCURACY AND RELIABILITY OF THEIR SERVICES.
BY ACCEPTING TO THESE TERMS, THE USER EXPRESSLY AGREES THAT THIS SECTION 7 IS AN ESSENTIAL ELEMENT OF THESE TERMS AND THAT, IF SUCH SECTION IS ABSENT, THE ECONOMIC TERMS OF THESE TERMS WOULD BE SUBSTANTIALLY DIFFERENT.
7. Limitation of Liability
IN NO EVENT SHALL XYLIASE, ITS SUPPLIERS, OR SERVICE PROVIDERS, OR THEIR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, HOWEVER ARISING, INCLUDING NEGLIGENCE.
XYLIASE DOES NOT WARRANT THAT THIS SITE; CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR EMAILS SENT FROM XYLIASE ARE WITHOUT VIRUSES OR OTHER HARMFUL ELEMENTS. XYLIASE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU WITH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE POINTED OUT IN WRITING. UNDER NO SCENARIO SHALL XYLIASE' LIABILITY DEVELOPING FROM OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE WEBSITE, DESPITE THE REASON FOR ACTION (WHETHER IN AGREEMENT, TORT, BREACH OF SERVICE WARRANTY OR OTHERWISE), GO BEYOND $100.
By entering into these Terms, the User undertakes to indemnify and hold harmless Xyliase, its employees, shareholders, directors, its suppliers and service providers, from any and all losses, damages, fines, penalties, governmental regulatory enforcement actions, and other costs (including reasonable attorney's fees and expenses) finally awarded or agreed to in connection with the adjudication or settlement of any claim, administrative proceeding, cause of action or lawsuit, resulting from any actions or failure to act, violation of these Terms, legal provisions, accident, incident, or mishap occurring anywhere for whatever cause, performed by or connected with the User.
These Terms, the entering into the Terms, the termination of the Terms, etc., are governed by the laws of the State of Delaware. Any and all claims, legal proceedings, or litigation, arising in connection with the Service or these Terms shall be brought solely in the State of Delaware, and the User consents to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
The failure of Xyliase to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Our site may contain links to third party websites. These links are provided solely as a convenience to the user. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our site does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Xyliase has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
We may revise these Terms from time to time. The most current version will always be on this page (or such other page as the Service may indicate). If the revision, in our sole discretion, is material, e.g. the amendment of the Fee, we shall notify the User via email associated with the User's Xyliase account in advance, before reasonable term of time. By continuing to access or use the Service after those revisions become effective, the User agrees to be bound by the revised Terms.
If any provision of these Terms is/becomes invalid in accordance with the applicable mandatory legal provisions, this shall not cause invalidity of this contract and the entire Terms, and Xyliase shall immediately, after having discovered such incompliance, replace the void provision with the valid one. If you have questions about these Terms or the Service, please contact us at firstname.lastname@example.org