You must take the time to read and understand it. By using our website or registering, you agree to the terms of this Agreement. You should be aware that this Agreement may change from time to time in accordance with Clause 17 below. 2. Purpose of the Shop In this Shop we offer users of Xtreeme DHTML Menu software (a standalone application or one of available Add-Ins and Extensions) a possibility to purchase additional menu designs created by third-party authors.
Additionally, we offer third-party authors a possibility to sell menu schemes (in a form of Menu packs) of their own design and earn commission. 3. Intellectual Property Rights The content of the Shop, except all Menu packs published by third-party authors, including without limitation, the text, software, scripts, graphics and the like and the trademarks and logos contained therein and all copyright subsisting therein, is owned by or licensed to Xtreeme GmbH.
In case that you are publishing and selling in this Shop menu designs or graphical elements not owned by you or that you don't have a right to, Xtreeme GmbH doesn't take any responsibility for this. In case that this kind of violation of copyright or intellectual property takes place, Xtreeme GmbH reserves a right to remove the Menu pack and/or block the whole third-party author's account.
Xtreeme GmbH reserves a right to reject and/or remove a Menu pack and other material if it appears to us to be in breach of any provision of this Agreement.
You are warned to keep a copy of the Menu packs file you sell in our Shop on your machine or other storage device in case that the copy you upload to our site is damaged due to technical issues beyond our control. 6. Privacy Policy Our Privacy Policy forms part of this Agreement. Given the global nature of the World Wide Web, all Menu packs published in this Shop are accessible to internet users around the world. 7. Operation of the Xtreeme Shop Xtreeme reserves the right to withdraw or modify one or more aspects of the Shop service where we have serious legal or technical reasons to do so (including technical difficulties experienced by Xtreeme GmbH or on the Internet). There may be times when the Shop becomes unavailable, whether on an unscheduled basis, because of technical problems (in which case we will use reasonable skill and care to overcome the problems we encounter, where they are within our control), or a scheduled basis (which we will strive to conduct at times that are reasonably convenient to the bulk of the third-party authors and visitors, in our reasonable discretion). For security or other reasons, we may require you to change password or other information which facilitates access to the third-pary author account. 8. Misuse of the Xtreeme Shop We reserve the right to suspend or terminate any third-party author's access to the Shop, or parts of it, and/or to remove, or require the third-party author to remove, material posted on the Shop, if the relevant author or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for the Shop without our prior consent. As a third-party author, you are responsible for everything which is done on or through your author account while your account is logged on to the Shop. 9. Relevance The Shop is intended to be used by visitors and third-party authors for the purposes referred to in Clause 2 above. Accordingly, third-party authors must not include in graphical designs or text descriptions inside their Menu packs swear-words or terms that could be considered offensive. This paragraph is not intended to supersede Clauses 10 and 11 below. 10. Prohibitions You are responsible for ensuring that no material (graphical or textual) you publish, or which is published through a machine on which you access the Shop, will be capable of: (i) infringing the intellectual property or other rights of any person or entity; (ii) breaching any applicable law, whether criminal, tortuous or otherwise; (iii) appearing to be offensive, threatening, defamatory, obscene or pornographic; 11. Alerting Xtreeme GmbH If you see anything on the Shop web site which appears to breach this Agreement, then please contact us to inform us of it by emailing us. We do not generally monitor all material published by third-party authors in the Shop, and so we are reliant upon visitors to point out any which is in breach this Agreement.
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 Xtreeme GmbH with the following information:
(i) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(ii) a description of where the material that you claim is infringing is located on the Shop site, with enough detail that we may find it on the web site;
(iii) your address, telephone number, or email address; (iv) a statement by you 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; (v) a statement by you 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.
12. Withdrawal of material and Termination of third-party author's account
Each third-party author acknowledges that we are entitled to withdraw any material in the Shop, whether this is based on information received
from visitors, or our own determination to be capable of breaching any part of this Agreement, or to bring the Shop into disrepute. However,
you acknowledge that we do not monitor material which appears in the Shop, and that we are reliant upon you and all visitors to notify us of
anything you see here which appears likely to breach this Agreement.
You agree that in case of breaching this Agreement, we may immediately deactivate or delete your account and all related information and files
(including the Menu packs that you have published) and/or bar any further access to such files or the Shop.
13. Disclaimer
Xtreeme GmbH has no control over, or responsibility for, any material available in the Shop, whether provided by third-party Menu pack authors or others.
Especially this includes violation of any third party right, including without limitation any copyright, property, or privacy right.
14. Indemnity
You agree to indemnify and hold Xtreeme GmbH and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless
from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (i) material
you publish in the Shop; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right;
(iii) any claim that any of the material you publish caused damage to a third party. This obligation will survive your use of the Shop.
15. Excluded Loss
We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit,
revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Xtreeme GmbH
will also not be liable for any failure to perform its obligations under this Agreement caused by matters beyond its reasonable control.
16. Entire Agreement
This Agreement includes our Privacy Policy;
together they are intended to contain the whole of the agreement between us and you
concerning the Xtreeme GmbH Shop, and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent
representation by either you or us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties)
to rely upon or enforce any term of this Agreement.
17. Changes to this Agreement
Xtreeme GmbH reserves the right to change this Agreement from time to time, and post the new version on the Shop website.
When we do so, the new version of these terms and conditions will govern the Shop service: (i) commencing 5 days after the date of
posting (or such later date as Xtreeme GmbH indicates in any relevant posting), if any of the changes is to an operative provision of
this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you
may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the Shop;
(ii) immediately upon the date of posting (or such later date as Xtreeme GmbH indicates in the relevant posting), if the changes are not to
operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to one or more
of addresses or email addresses referred to in this Agreement.
18. No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and failure of
Xtreeme GmbH to assert any right or provision of this Agreement shall not constitute a waiver of such right or provision.
19. Contact
You can contact us by sending an email message at our helpdesk page
or by mail to:
Xtreeme GmbH, Rue de l'Avenir 23, CH-2800 Delémont, Switzerland.
