X-Cart Cloud Terms of Service
Rev. date: June 15, 2020
Acceptance of Terms of Service
By using, visiting, or browsing the Products and Services as a 30-day free trial user or a paid plan subscriber, you accept and agree to be bound by these X-Cart Cloud Terms of Service (the “Terms of Service”). If you do not agree to these Terms of Service, you should not use the Products and Services, including our website and software. Violation of any terms will result in termination of your X-Cart Cloud account. Questions about the Terms of Service may be sent to firstname.lastname@example.org.
Any failure of X-Cart to enforce or exercise a right provided in these terms is not a waiver of that right.
Changes to Terms of Service
If any provision of this Agreement is declared void or unenforceable by any judicial authority, this shall not nullify the remaining provisions of the Agreement, which shall remain in full force and effect.
Account Terms Overview
You are responsible for using the Products and Services in a private and secure manner. X-Cart is not liable for any damage or loss due to unauthorized account access resulting from your actions, such as not logging out of the Products and Services or sharing your account password.
X-Cart can refuse registration or cancel an account at its sole discretion at any time.
You may not use the Products and Services for any illegal activity or to violate laws in your jurisdiction.
You may not use the Products and Services to distribute unsolicited email (“spam”) or malicious content such as viruses or worms.
You may not exploit the Products and Services to access unauthorized information.
X-Cart reserves the right to modify, suspend, or discontinue the Products and Services for any reason, with or without notice.
Abuse or excessively frequent requests to the X-Cart website or other Products and Services may result in the temporary or permanent suspension of your account’s access to the Products and Services. X-Cart, at its sole discretion, will determine abuse or excessive usage. X-Cart will make a reasonable attempt via email to warn the account owner prior to suspension.
X-Cart owns intellectual property rights to any protectable part of the Products and Services, including but not limited to the design, artwork, functionality, and documentation. You may not copy, modify, or reverse engineer any part of the Products and Services owned by X-Cart. For more details, see below the Intellectual Property section of these Terms of Service.
User Conduct and Submissions
Any text, graphics, photographs, or other information communicated to X-Cart (collectively, “Content”) belongs to the person who posted such content. You may use any Content posted by you in any other way without restriction. You may only use Content posted by others in the ways described in these Terms of Service.
X-Cart cannot control all Content posted by third parties to the Products and Services, including to our user interfaces, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Products and Services you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will X-Cart be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. If you would like to report objectionable materials, please contact email@example.com
By accessing the Products and Services, including our website and other user interfaces, you agree to use the Products and Services, including all features and functionalities associated therewith, our website, other user interfaces and all content and software associated therewith in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Products and Services or Content therein. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Products and Services. You also agree not to interfere with the servers or networks connected to any portions of the Products and Services or to violate any of the procedures, policies or regulations of networks connected to the Products and Services. You also agree not to impersonate any other person while using the Products and Services, conduct yourself in a vulgar or offensive manner while using the Products and Services, or use the Products and Services for any unlawful purpose.
By using the Products and Services, you are consenting to receive certain communications from us. For example, X-Cart may send you newsletters about new X-Cart features, special offers, promotional announcements and customer surveys via email or other methods.
The member who created the X-Cart Cloud account and whose Payment Method is charged is referred to here as the “Account Owner”. The Account Owner has access and control over the X-Cart account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting X-Cart Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (for example, the last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. BY SHARING THE x-cart.com ACCOUNT PASSWORD, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT THE PERSONS WITH WHOM IT SHARES THE PASSWORD COMPLY WITH THE TERMS OF SERVICE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF SUCH PERSONS.
Any abuse or threatened abuse of other users of the Products and Services or of X-Cart personnel will result in immediate account termination.
Payment and Fees
If you are billed for the Products and Services by one of our partners, its billing terms shall apply. To access any of our Products and Services, you must have access to the Internet and must create an account on a paid-subscription basis. You must have a current valid accepted payment method as indicated during sign-up (“Payment Method”).
A valid credit card or Paypal account is required for paid subscription to Products and Services.
When you subscribe to Products and Services, your credit card or Paypal account will be billed according to current rates for the selected subscription plan to prepay usage of Product and Services for the current period. For monthly plans you will be charged subsequently on the same day of each month. If the billing date is the 29th — 31st, and the billing month does not contain this date, then the billing date will be adjusted to the last day of the current calendar month. Annual plan renewals will be charged on the same day of the following year to prepay usage of Product and Services for the next annual service period.
You may upgrade or downgrade your subscription from one paid plan (“Old Plan”) to another paid plan (“New Plan”) by sending an email to firstname.lastname@example.org. The payment for the unused portion of service from your Old Plan will be credited toward the price of the New Plan solely in case you are subscribed to an annual plan. Your future billing date will always remain the same. If the Plan change is a downgrade, credit will be applied to future periods and your next period’s fee will be charged when the credit from the Old Plan has been used. If the Plan change is an upgrade, you will be charged the remaining portion for the current billing period immediately, and subsequent periods will be charged on your previously existing billing date. Remaining credit from the current billing period will be calculated based on the number of remaining days in the current billing period. Questions about X-Cart billing are directed to email@example.com and answered within 24 hours, Monday — Friday.
European merchants who have not provided a valid VAT ID will be charged VAT in addition to the base product price. VAT will be calculated based upon the merchant’s home country VAT rate.
Automatic upgrade of your subscription plan
X-Cart may in its sole discretion automatically upgrade you to a higher paid plan in case your Account’s transaction volume and/or number exceeds your current plan. The payment for the unused portion of service from your Old Plan will be credited toward the price of the New Plan. You will be notified by email in such case.
Cancellation and Termination
You can cancel your paid subscription to X-Cart Products and Services at any time. There will be no subsequent charges to your credit card or Paypal account after cancellation. A balance of the unused portion of your plan will not be refunded to your credit card.
You may terminate your account by contacting our support or by sending an email to firstname.lastname@example.org from an email address associated with your Account. You need to cancel your paid subscription before you can close your account.
Features and Functionality
The Products and Services include an online shopping cart. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate the Products and Services. Any description of how the Products and Services work should not be considered a representation or obligation with respect to how the Products and Services always will work. We are making constant adjustments to the Products and Services and often these Terms of Service do not capture these adjustments completely.
You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your X-Cart Cloud account. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Where possible, users of public or shared networks should log out at the completion of each visit. If you find that you are a victim of identity theft and it involves an X-Cart Cloud account, you should notify us at email@example.com. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the X-Cart website and not through a hyperlink in an email or any other electronic communication, even if it looks official. X-Cart reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. X-Cart is not obligated to credit or discount a membership for holds placed on the account by either a representative of X-Cart or by the automated processes of X-Cart.
UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, X-CART MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. X-Cart DOES NOT WARRANT THE RESULTS OF USE OF ANY OF THE PRODUCTS AND SERVICES, AND ACCOUNT HOLDER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO.
Limitation of Liability and Damages.
You shall indemnify X-Cart for damages, costs and attorneys fees that X-Cart incurs from any third party claim that (i) arise from your modification of the Products and Services or (ii) the use by X-Cart of any materials provided to X-Cart by you for use in the Products and Services infringe any patent, copyright, trademark, trade secret or other intellectual property right under law. You shall assume the defense of any third party claim with counsel reasonably satisfactory to X-Cart. X-Cart may employ its own counsel in any such case, and shall pay such counsel’s fees and expenses. You shall have the right to settle any claim for which indemnification is available; provided, however, that to the extent that such settlement requires X-Cart being indemnified to take or refrain from taking any action or purports to obligate X-Cart being indemnified, then you shall not settle such claim without the prior written consent of X-Cart, which consent shall not be unreasonably withheld, conditioned or delayed. THE PARTIES DISCLAIM THE IMPLIED WARRANTY OF NON-INFRINGEMENT, RELYING INSTEAD ON THE TERMS OF THIS SECTION.
Additional disclaimers or limitations of liability may be contained in the various third party software, licensing and service agreements you may have agreed to in order to access the Products and Services.
Copyright. The Products and Services, including all content included on our user interfaces, or delivered to members as part of the Products and Services, including, but not limited to, source code, data compilations, and software, are the property of X-Cart or its licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. While the Products and Services include open-source software available for free, the compilation of all content and any software or other materials provided by X-Cart, or in connection with the Products and Services are the exclusive property of X-Cart and its licensors and are protected by the copyright and trade secret laws in the territories in which the Products and Service operate and by international treaty provisions. Content shall not be reproduced or used without express written permission from X-Cart or its licensors. You agree to adhere to the restrictions set forth in these Terms of Service. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible from X-Cart, not to insert any code or product into or manipulate the content of the Products and Services in any way, and not to use any data mining, data gathering or extraction method. X-Cart reserves the right to terminate your membership hereunder if X-Cart, in its sole and absolute discretion, believes that you are in violation of X-Cart software restrictions, restrictions against copying the Products and Services provided to you by us, or other unauthorized copying or use of our proprietary content in violation of the copyrights of X-Cart and its licensors. X-Cart does not promote, foster or condone the copying of third party products or categories or any other infringing activity. While the use of the Products and Services, including demos of online stores, store products and services, are for your commercial use, such items proprietary to third parties are not. Please see the instructions at the end of these Terms of Service for notifying us of the presence of any allegedly infringing content of the Products and Services, including any on the website, x-cart.com.
Trademarks. “X-Cart” is a registered trademark of X-Cart. The X-Cart logo and x-cart.com are trademarks or service marks of X-Cart. The Products and Services, including but not limited to their graphics, logos, page headers, button icons, scripts and service names constitute trade dress of X-Cart. The trademarks, service marks and trade dress of X-Cart may not be used or reproduced without prior written approval from X-Cart and may not be used in connection with any product or service that is not affiliated with X-Cart, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of X-Cart, or in any manner that disparages or discredits X-Cart. Other trademarks that appear on the X-Cart website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by X-Cart. Any images of persons or personalities contained on the X-Cart website and user interfaces are not an indication or endorsement of X-Cart or any particular product or our service unless otherwise indicated.
Use of Information Submitted
X-Cart is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Products and Services, including the X-Cart website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Products and Services. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Please note X-Cart does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to X-Cart. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against X-Cart and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
If you need assistance with your account, you may find answers and support by reaching the support team directly. Customer support can be reached through chat, emailing firstname.lastname@example.org or by phone.
Limitations on Use
You must be 18 years of age or older to become a member and end user of the Products and Services. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member. While individuals under the age of 18 may utilize the Products and Services, they may do so only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Service. While X-Cart does distribute products that may be used by children, the Products and Services are not intended to be used by children, without involvement, supervision, and approval of a parent or legal guardian (see also “Parental Controls”). Unless otherwise specified, we grant you a limited, non exclusive, non transferable, license to access the Products and Services. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Service), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Products and Services, without our express written consent. X-Cart does not promote, foster or condone the copying of third-party content, or any other infringing activity. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Products and Services. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of X-Cart without our express written consent. You may not purchase search terms or use any meta tags or any other “hidden text” utilizing the X-Cart name or trademarks without our express written consent. Any unauthorized use of the Products and Services or its contents will terminate the limited license granted by us and will result in the cancellation of your membership.
Third Party Apps, Software, Products, Services and Websites
X-Cart may from time to time recommend or enable third party apps, software, products, services or websites links for your consideration or use. Such apps, software, products, services, and links are provided only as a convenience to you and does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with X-Cart with respect to any third party, any third party’s party apps, software, products, services or websites. These Terms of Service do not apply to such third party apps, software, products, services or websites and you should review such third party the agreements relates to such third party apps, software, products, services or websites they may be different than these Terms of Service and it is your sole responsibility to comply with such third party terms. Your use or access to any third party’s apps, software, products, services or websites is at your own risk. X-Cart MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD PARTY APPS, SOFTWARE, PRODUCTS, SERVICES OR WEBSITES AND WILL NOT BE LIABLE FOR YOUR USE OF ANY THIRD PARTY APPS, SOFTWARE, PRODUCTS SERVICES OR WEBSITES.
Claims of Copyright Infringement
It is the policy of X-Cart to respect the intellectual property rights of others. X-Cart does not condone the unauthorized reproduction or distribution of copyrighted content. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Products and Services, please view our Copyright Policy attached hereto in Exhibit A for explicit instruction on how to address the issue.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Georgia, USA, excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in Athens, the State of Georgia, USA and the parties hereby irrevocably consent to the personal jurisdiction thereof and venue therein.
Exhibit A. Copyright Policy
We respect the intellectual property rights of others, and we prohibit users from uploading, posting or otherwise transmitting on this web site or by use of any of our services any materials that violate another party’s intellectual property rights.
It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who may repeatedly infringe or violate the copyrights or other intellectual property rights of any party.
Notification of Alleged Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the web site, with enough detail that we may find it on the web site;
- Your address, telephone number, and email address;
- Your statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- Your statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
This web site’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached by email email@example.com)
If you believe your own copyrighted material has been removed from our website and/or service as a result of mistake or misidentification, you may submit a written Counter Notification to our Agent for Notice pursuant to 17 U.S.C. § 512(g)(2) and (3). To be effective, your Counter Notification must include substantially the following:
- Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
- A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider for the web site may be found.
- A statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or from the party’s agent.
- Your name, address, and telephone number.
- A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your physical or electronic signature.
You may submit your Counter Notification using our automated form, or send it to our designated Agent for Notice of claims by email at firstname.lastname@example.org.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter Notification, unless our designated Agent for Notice first receives notice from the party filing the original Notification of Alleged Copyright Infringement informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false form may constitute perjury.