Terms and Conditions of Use

XmartShop.xyz Terms and Conditions of Use

Last Updated: October 26, 2023

1. Acceptance of Terms

By accessing or using the Website, you (“you” or “user”) agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use the Website.

2. Changes to Terms

We may update these Terms from time to time. You should check this page periodically for changes. Your continued use of the Website after we post any changes constitutes your acceptance of those changes.

3. Use of Website

You may only use the Website for lawful purposes. You agree not to:

  • Use the Website in any way that violates these Terms or any applicable law or regulation.
  • Use the Website to transmit any illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable material.
  • Use the Website to interfere with or disrupt the Website or its servers.
  • Attempt to gain unauthorized access to the Website or its systems.
  • Use the Website to collect or store personal information about others without their consent.
  • Use the Website for any commercial purpose without our prior written consent.

4. User Content

You are solely responsible for any content you submit to the Website (“User Content”). You represent and warrant that you own all rights to the User Content or have obtained all necessary permissions to use and share it.

By submitting User Content, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display the User Content in any media or format, without any compensation to you.

You are solely responsible for any User Content you submit and its legality, reliability, appropriateness, and originality. We are not responsible for any loss or damage caused by User Content.

5. Third-Party Links

The Website may contain links to third-party websites that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of any third-party websites.

6. Disclaimers

The Website and its content are provided “as is” and “as available” without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or title.

We do not warrant that the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or its servers are free of viruses or other harmful components.

7. Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or relating to your use of the Website, including but not limited to any loss of profits, data, or use, even if we have been advised of the possibility of such damages.

8. Indemnification

You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, demands, liabilities, costs, and expenses (including attorney’s fees) arising out of or relating to your violation of these Terms or your use of the Website.

9. Termination

We may terminate your access to the Website, in whole or in part, at any time and for any reason, without notice.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of New York, United States of America, without regard to its conflict of laws provisions.

11. Entire Agreement

These Terms constitute the entire agreement between you and us concerning your use of the Website.

12. Contact Us

If you have any questions about these Terms, please contact us at:

  • Email: [email protected]
  • Phone: (408) 966-6333
  • Address: 9573 Highland Ave, New York, 10003

13. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

14. Waiver

No waiver of any provision of these Terms shall be effective unless in writing and signed by the party against whom the waiver is sought.

15. Assignment

These Terms may not be assigned by you, but may be assigned by us without restriction.

16. Notices

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified or registered mail, return receipt requested, postage prepaid, or when sent by overnight courier service, addressed as follows:

  • If to us:
    • XmartShop.xyz
    • 9573 Highland Ave, New York, 10003
  • If to you:
    • To the email address you provided when you registered for the Website.

17. Binding Effect

These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.