In This User Agreement:
“Account” means your account on this website corporate, business or personal.
“Customer” means a User of Xylote.com Services.
“Xylote.com”, “we”, “our”, or “us” means Xylote.com and all other affiliated companies and sites.
“Intellectual Property Rights” refers to all intellectual rights including but not limited to: (a) copyright, patents, registered designs, trademarks, and any right to have confidential information kept confidential; and (b), whether or not such privileges are listed or capable of being listed and whether current under any laws.
“Xylote.com Services” means services delivered by Xylote.com.
“User”, “you” or “your” means any entity who uses the website
“User Contract” means :
(1) this User Agreement;
“Website” refers to the websites operated by Xylote.com: Xylote.com.com and any connected Xylote.com services, implements or applications.
See the types of Licenses by clicking here.
You agree that by using this Website You are responsible for all your activities occurring under your account including the use of your account by other persons.
Xylote.com and its Artists and Providers do their best to provide you accurate information on all the services of the website, however despite our efforts there can be some errors in written content and/or digital goods. Xylote.com cannot be retained responsible for any damages or losing data/system crash resulting from the inaccuracy of any information or service provided by this website.
Xylote.com allows you to download low-resolution versions only for testing on your projects/purposes but you are not allowed use the low-resolution files for your final project, printed work or published online. Any use of the digital goods from this Website in a project requires the purchase of the high quality file.
Please read carefully the License Agreement before purchasing any of the digital goods included in this website.
Your member account can be terminated at any time with a written notice from both parties that must include a proof of identity. We reserve the right to terminate your member account if our copyright terms/license terms are violated or if we suspect malicious acts of any kind performed through your account and your purchased credits will be forfeited.
All the digital sales on this Website are final, under no circumstances Xylote.com will refund the money you spent for the “download credits” or for the unused credits that you have in your member account. If you downloaded content by mistake or the content does not fit your work purpose, we cannot refund any of your credits. We can however refund you the downloaded products if your/our system lost them in some way or if your downloaded content is not working properly. You can contact us through our “Support” page if you have problems regarding the credits or the content you downloaded.
By using our website (and all it’s contents) you agree to defend, indemnify and hold harmless Xylote.com and its owners, staff, artists and providers for any third-party claims, damages, liability, costs or legal fees and expenses, that originate or are related to a part of this Agreement, the use of this website and its contents, or your failure to abide by any of the restrictions regarding the use of the website or its contents.
While using the Xylote.com Website, you will not:
1. post content or items in inappropriate categories or areas on our websites and services;
2. infringe any laws, third party rights or our policies;
iii. fail to deliver payment for services delivered to you, unless Xylote.com has materially changed Xylote.com Service provided or a clear typographical error is made;
1. circumvent or manipulate our fee structure, the billing process, or fees owed to Xylote.com;
2. work with false, inaccurate, misleading, defamatory or offensive content;
3. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
vii. distribute viruses or any other technologies that may harm Xylote.com, the Website, or the interests or property of Xylote.com users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
viii. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Xylote.com Website;
1. copy, modify or distribute rights or content from the Xylote.com Website or Xylote.com’s copyrights and trademarks; or
2. harvest or otherwise collect information about Users, including email addresses, without their consent.
Warranty and Liability
“XYLOTE.COM” PROVIDES DIGITAL GOODS “AS IS”. WE OFFER NO WARRANTY REGARDING ANY OF THE CONTENTS INCLUDED ON XYLOTE.COM, INCLUDING THE WEBSITE OR THE ACCURACY OF THE INFORMATION WRITTEN OR DOWNLOADED AS FINAL PRODUCT. XYLOTE.COM DOES NOT WARRANT THAT THE INFORMATION, CONTENTS OR THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT ARE ERROR FREE. XYLOTE.COM SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR INCIDENTAL DAMAGES, COSTS AND EXPENSES RESULTING FROM THE USE OF OUR WEBSITE, CONTENTS, INFORMATION, UNAUTHORIZED ACCESS, DISCONTINUANCE OF THE CONNECTION WITH OUR WEBSITE OR MISDIRECTED PAYMENTS.
Intellectual Property Rights infringement
It is our policy to respond to clear notices of alleged intellectual property rights infringement. Our Copyright Infringement Policy is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. If you believe that your Intellectual Property Rights have been violated, please notify us via contact us page.
You are responsible for your account credentials and security and maintaining the security of these. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
(1) You are responsible for all content added to Xylote.com and activity that occurs within your account;
(2) You may not use Xylote.com for any illegal purpose or to violate any laws (including but not limited to copyright laws);
(3) You are responsible for properly managing users of your account, all activity performed by your users;
(4) You are responsible for assigning appropriate permissions and responsibilities to your users, managing these and any actions performed by your delegates.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Xylote.com and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Right To Refuse Service
We might chose to close your account, at our sole description, including but not limited to the reasons outlined below:
1. if we conclude that you are in breach of our terms and conditions, or are not acting on terms of this agreement;
2. if you breached a law;
iii. if you breached someone’s Intellectual Property Rights;
1. if you engage in fraudulent or deceptive activities;
2. we are required to do so by law;
3. you might result in risk to us;
vii. you result in loss to us;
viii. you are offending or a risk to another user;
1. for other similar reasons.
If we decide to close your account due to this agreement you will become liable to pay all your outstanding fees and settle your account in full
Law And Forum For Legal Disputes
This Agreement will be governed in all respects by the laws of Italy, European Union. If a dispute cannot be resolved then you and Xylote.com irrevocably submit to the non-exclusive jurisdiction of the Italian courts.