TERMS AND CONDITIONS
1. Use of the Services
You may use the Site only if you can legally form a binding contract with X-Plorar, and only in compliance with these Terms and all applicable laws. You can simply browse the Site, or you can register with X-Plorar and create an "Account". You are not required to have an Account to order products or use the Services. However, you must only provide us with true, accurate, current and complete information for your Account and/or Orders (defined below). If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or the Services (or any part thereof). You are not permitted to use the Site or any other X-Plorar property if prohibited by European sanctions or laws. If you are under 13, you agree not to use the Services, the Site or any other X-Plorar property. If you are based in the European Economic Area, you may only use the Site if you are of the age at which you can legally consent to data processing under the laws of your country. Use of the Site may include downloading software to your computer, phone, tablet or other device. You agree that we may automatically update this software, and these Terms will apply to any update.
Subject to these Terms and our policies (which we may update from time to time in our sole discretion), we grant you a revocable, limited, non-exclusive and non-transferable license to use our Service. Use of the Site and Services for any commercial purposes is prohibited. If you are interested in purchasing a commercial account, please reach out to us at firstname.lastname@example.org.
These Terms govern any order you place through the Site using the Services, which may be, for example, the purchase of framed art, fine art, furniture, etc. . (each such purchase action, an "Order"). Your placing an order through our site constitutes an offer to purchase the product(s) and/or services ordered and we may accept your order by processing your payment and shipping the final product. Your receipt of an electronic or other order confirmation does not mean that we accept your order and does not constitute confirmation of our offer to sell. For any reason, we may refuse to accept your order or any part of your order. No order will be deemed accepted by X-Plorar until the final product(s) have been shipped to you. If one or more of the products in your order are temporarily out of stock, we will only ship the products that are available and notify you of any products that cannot be satisfied. If we refuse to accept your Order, we will attempt to notify you at the email address you have provided. We also reserve the right, at any time after receipt of your order, without notice, to supply a quantity less than that which you ordered for a given item. Your order will be considered accepted by X-Plorar upon our delivery of the finished products you have ordered insofar as these products are available to X-Plorar. We may require additional verifications or information before accepting any order. All Products will be deemed accepted by you upon shipment, and title and risk of loss of Products will pass to you when X-Plorar delivers the Product(s) to a common carrier. Any estimated ship date provided by X-Plorar is based on the date X-Plorar receives your order, product availability, and payment processing time, and does not include transit time. X-Plorar processes orders to delivery addresses worldwide.
Every product sold by X-Plorar is "made to order", which means that it is made specifically for you only after you place your order. Therefore, X-Plorar does not accept refunds, returns or exchanges of orders. We are also unable to make changes or cancellations to orders after 24 hours from the time the order was placed. If you believe you have made an error in your order, please contact us immediately at email@example.com. On rare occasions, one or more products in an order may be damaged in transit while in the possession of our shipping partners. If one or more of your products arrives damaged, please send detailed and clearly visible photos of the damage, including images of the packaging, to firstname.lastname@example.org. In cases where one or more products are materially damaged, X-Plorar may choose to restore or replace the damaged product(s) at X-Plorar's sole discretion after reviewing the photos submitted ("Review damage"). If you request a damage review, you expressly acknowledge and agree to the following: 1) Photos of damaged areas of the product(s) must be clearly visible and submitted in .jpeg or . png; 2) photos of the damage must be received by X-Plorar at least seventy-two (72) hours after the stated delivery date of the applicable Order from the carrier responsible for delivering the Order; 3) Photos of the damage must have been taken immediately upon receipt of the product(s), and the product(s) must not have been hung, placed or otherwise installed( s) before photos of the damage are taken; 5) Delivery of a replacement product, if any, will be subject to existing manufacturing capacity, inventory, availability and shipping schedule, and you may be responsible for payment of return shipping costs in the event that X-Plorar chooses to repair or replace the product(s).
5. Payment, prices and products
To pay for an Order, you will need to provide X-Plorar with the information necessary to process an Order from you, including your delivery address and the billing information requested on the Site to pay for that Order. You may pay for your Order by credit card or any other method then available on the Site. By submitting your payment information to us, you authorize us to charge the applicable payment method at our convenience but within thirty (30) days of credit card authorization. You represent that you will not use any credit card or other form of payment unless you have all necessary authorizations to do so. We assume that since orders require a valid credit card, only persons 18 years of age or older place orders and provide us with the requested information during the ordering process. We will not be liable if your children or others acting with or without your permission use your credit card or other means of payment to make purchases on the Site (and to the extent that your minor children make such purchases, you hereby represent and warrant that they are authorized to do so); however, you may report any unauthorized use to us and we will take reasonable steps within our control to help prevent any unauthorized use of your card in the future. We strive to display our products and their colors as accurately as possible. That said, the colors displayed of the products depend on your screen and we cannot guarantee that your screen will accurately reproduce the actual colors of the products. Products shown may be out of stock or discontinued, and prices are always subject to change at our sole discretion. We cannot confirm the price of an item until you place an order. In the event that you modify your order, the price of your order will probably be modified. You authorize us to charge your method of payment for any changes to your Order that you initiate on the Site or otherwise (for example, through an email request to X-Plorar). Despite our best efforts, a small number of items on our Site may be misreviewed. We are not responsible for typographical errors regarding price or any other matters. Unless otherwise specified on the Site at the time of your order, all prices include shipping and handling charges. Unless otherwise stated on the Site, prices do not include sales tax or any other tax that we are required to add to your Order. These taxes will be added to the total price of your purchase, if applicable.
6. Ownership of Technology and Content
You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site and/or the Services ("Our Technology") are: (i) copyrighted and trademarked by X-Plorar and our parents, subsidiaries, affiliates and licensors under European and international copyright and trademark laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned exclusively by us or our parents, subsidiaries, affiliates and licensors. Our technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our parents, subsidiaries, affiliates or relevant licensors. You must comply with all copyright and trademark notices, information or restrictions contained in or attached to any of our technologies. Nothing in these Terms of Service grants you the right to receive or access a copy of our technology, except as generally and customarily permitted by the Site in accordance with these Terms. Further, nothing in these Terms shall be deemed to grant, by implication, estoppel or otherwise, any license to our technology. Certain of the names, logos and other items displayed on the Site, the products or in the Services constitute trademarks, trade names, service marks or logos ("Marks") of X-Plorar or other entities. belonging to X-Plorar. You are not authorized to use these Marks. X-Plorar or the other entities concerned remain at all times the owners of all these brands and the goodwill associated with them. Any use of third-party software provided in connection with the Site or Services will be governed by such third-party licenses and not these Terms. Subject to these Terms, X-Plorar grants you a limited license to reproduce portions of the information and content available on the Site and in the Services for the sole purpose of using the Site and Services for personal, non-commercial purposes. . Unless otherwise specified by X-Plorar in a separate license, your right to use those materials that you access or download through the Site or Services is subject to these Terms. As part of the Site and/or Services, you may have access to materials that are hosted by another party. You acknowledge that it is impossible for X-Plorar to monitor such material and that you access such material at your own risk. You also acknowledge and agree that X-Plorar and the Site feature unique and valuable photographic images and other artwork created by third-party artists. When you access the Site and/or the Services, you obtain access to various types of images, videos, sounds, data and other information and materials, all of which we refer to as "Content". You agree not to use, edit, modify, reproduce or revise the content posted on any of our sites, and you represent and warrant that you will not use the content in a way that: A) violates the right of copyright, trademark, trade secret or other intellectual property or proprietary right of others; (B) violate the privacy, publicity or other rights of any third party or any other law, statute, ordinance or regulation; (C) be false or inaccurate or become false or inaccurate at any time; D) is discriminatory, illegal, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion; E) disclose or provide information protected by law, agreement, or fiduciary relationship, including, but not limited to, proprietary or confidential information of others; F) misrepresent your identity in any way; G) contain viruses, Trojan horses, spyware. G) contains any viruses, Trojan horses, spyware, worms, time bombs, cancelbots or other disabling devices or other harmful components intended to cause damage, harmful interference , to surreptitiously intercept or expropriate any system, data or personal information; H) advocates or encourages any illegal activity; or (I) is likely to create liability for us or cause X-Plorar to violate the requirements of or lose the services, in whole or in part, of our Internet service providers or other suppliers.
7. Documents submitted by users
As part of the Service, X-Plorar may elect to allow you to send X-Plorar your own materials for X-Plorar to print, frame and return to you as a final product. In this case, any material submitted by you to X-Plorar, including, without limitation, your artwork, photographs, images, text, graphics and other materials (collectively, "User Submitted Materials") are submitted under the following terms and conditions. You will retain ownership of such User-Submitted Materials, and you grant X-Plorar and our parents, subsidiaries, affiliates, assignees and designees a non-exclusive, perpetual, royalty-free right and license to use, reproduce, distribute, create derivative works of, and publicly display such User-Submitted Materials (i) to enable you to use the Service to create, (ii) in connection with the production or supply of any product or service you request, (iii) to show you how the User-Submitted Materials would appear in our products or services, and (iv) to allow X-Plorar to provide the applicable products and services.
For example, when you place an order for a product using User-Submitted Materials, we prepare, handle (if necessary), and transmit the User-Submitted Materials for framing, packaging, and shipping. Please note that while you retain ownership of User-Submitted Materials, any templates or layouts in which you arrange or arrange such User-Submitted Materials through tools and functions available on our site do not belong to you, and we retain the rights to that template or layout. By submitting User Submitted Materials, you further represent and warrant that you own or otherwise own all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not infringe and will not violate, misappropriate, use or disclose without permission or otherwise violate any copyright, trademark, trade secret right or other intellectual property or other proprietary right or right to privacy of any third party, and that the material submitted by the user is not unlawful, fraudulent, threatening, abusive, defamatory, obscene or otherwise objectionable. To the extent applicable, you represent and warrant that all third party holders of worldwide intellectual property rights, including moral rights, in the User Submitted Materials have completely and effectively waived all such rights and have validly and irrevocably granted you the right to grant the foregoing license.
You consent to the use of your likeness, and you have obtained written consent, release and/or permission from each identifiable individual who appears in user-submitted material to use their likeness, for the purpose of use and exploit User Submitted Materials in any way, or, if such identifiable individual is under the age of eighteen (18), you have obtained written consent, release and /or the permission of that individual's parent or guardian (and you agree to provide us with a copy of such consents, releases and/or permissions upon our request). If you submit a Submission that contains an image of an identifiable person under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as name or address of the person) in the material submitted by the user. You agree that we may (but are not obligated to) screen any user-submitted material (including, without limitation, removing or replacing profanity or other harmful or offensive language), refuse to use any User-Submitted Materials (including, without limitation, suspending processing and shipping of any order relating to any User-Submitted Materials) and/or disclose any User-Submitted Materials and circumstances surrounding its use, to any third party or law enforcement agency in order to provide the applicable products or services, enforce these Terms, or comply with legal obligations or governmental requests. You agree that you, and not X-Plorar, are responsible for all User Submitted Materials, and you agree to indemnify and hold harmless us, our directors, officers, shareholders, employees, contractors , agents, representatives, affiliates, and third party users, harmless from any claims, causes of action, liabilities, damages, losses, expenses, and costs (including, but not limited to, attorneys' fees) arising directly or indirectly from or originated from: (i) User Submitted Materials; and (ii) any actual or alleged infringement or violation of the rights of any third party with respect to such User Submitted Material. We may, in our sole discretion, determine whether user-submitted material complies with these guidelines and is satisfactory for use on our Services. User-Submitted Materials that we believe (in our sole discretion) violate these Terms may be removed from our site and we may refuse to provide services in connection with User-Submitted Materials for any or no reason. reason, at any time, in our sole discretion.
8. General Rules of User Conduct
Our goal is to make access to our site and our services a good experience for all our users. To this end, you expressly agree not to, and represent and warrant that you will not use, reproduce, duplicate, copy, sell, resell or exploit any part of the site or services, your use of the site or services, or access to the site or services for purposes other than those for which the site or services are provided to you, or will not do any of the following: A) Conduct or promote illegal activities while using the Site or Services; B) Download, distribute or print anything that may be harmful to minors; C) Attempt to reverse engineer or compromise the proper working of the Site, or otherwise attempt to derive the source code of software (including tools, methods, processes and infrastructure) that enables or underpins the Site; D) attempt to access secure parts of the Site or Services to which you do not have access rights; E) upload or transmit any form of virus, worm, Trojan horse or other malicious code; F) use the Site or Services to generate unsolicited commercial e-mail or spam; G) use the Site or Services to stalk, harass or harm another person; H) use any high-volume automatic, electronic, or manual process to access, search, or harvest information from the Site or Services (including, but not limited to, robots, spiders, or scripts); I) interfere in any way with the proper working of the Site and Services or interfere with or disrupt any server or network connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or services; J) use any robot, spider, other automatic device or manual process to scrape, "scrape", monitor, "mine" or copy any static or dynamic web page from the Site or the content of any such page website for commercial purposes without our prior express written permission; K) impersonate any person or entity, or misrepresent your affiliation with a person or entity; or L) mirror or frame the Site or any Content, place pop-up windows on its pages, or otherwise affect the display of its pages.
9. Modifications or Discontinuation of the Site or Services.
We reserve the right to modify or discontinue the Site or Services with or without notice. We will not be liable to you or any third party if we exercise our right to modify or discontinue the Site and/or the Services. You may need to update third-party software from time to time in order to use the Site and/or the Services. If you object to such changes, your only remedy will be to discontinue accessing the Site or Services. If you continue to access the Site or Services after being notified of such changes, it means that you acknowledge these changes and that you are satisfied with the Site or Services as modified. You agree that we may, in our sole discretion, immediately terminate your access to the Site and the Services at any time, for any reason, in our sole discretion. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.
The Site and our Service are provided "as is" without warranty of any kind, either express or implied. We specifically disclaim all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from trade practice or usage of trade. X-Plorar takes no responsibility and assumes no liability for any User Submitted Materials that you or any other person or third party posts or submits using our Service. You understand and agree that you may be exposed to content and/or User Submitted Materials that is inaccurate, objectionable, inappropriate for children or otherwise unfit for your purpose. We do not warrant that the products, Site or Services will meet your requirements, or that the Site and/or Services will be uninterrupted, timely, secure or error-free; nor do we warrant the results that may be obtained from the use of our products, the Site or the Services, or that defects in the Site or the Services will be corrected. You understand and agree that you will be solely responsible for any damage to your computer or loss of data resulting from the downloading of any materials and/or the use of any products, services or sites. No advice or information, whether oral or written, obtained by you from us through the Site, Services or otherwise, shall create any warranty, representation or endorsement not expressly set out in these terms.
11. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT WE ARE WILLING TO SELL THE PRODUCTS AND PROVIDE ACCESS TO THE SITE AND THE SERVICES ONLY IF YOU AGREE TO CERTAIN LIMITATIONS ON OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES? OR COPY, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INFRINGEMENTS, LOSS OF REVENUE, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITY OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES HAVE BEEN ADVISED, (EVEN IF SUCH PARTIES HAVE BEEN ADVISED, HAVE KNOWN OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE SITE OR THE SERVICES, OR THE INABILITY TO USE OR ACCESS THEM, WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND RESPONSIBILITY STRICT ITY), WARRANTY, STATUTORY OR OTHERWISE. WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES RESULTING FROM TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT SITES OR ANY SITES LINKED TO OUR SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE AND THE SERVICES. IN ANY EVENT, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THE SERVICES IS LIMITED, IN THE AGGREGATE, TO THE TOTAL AMOUNT OF THE ORDER GIVING RISE TO OUR LIABILITY. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, and therefore some of the above limitations and exclusions of liability may not apply to you. However, to the extent that we cannot under applicable law disclaim any implied warranty or limit liability, the scope and duration of this warranty and the extent of our liability shall be the minimum permitted by applicable law. . If we cause damage to you and you are a consumer in the EEA, our liability will be limited to foreseeable damage arising from a breach of material contractual obligations typical for this type of contract. X-Plorar is not liable for damages resulting from a non-material breach of any other applicable duty of care. This limitation of liability shall not apply to any legal liability which cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or if and to exclude our liability for anything which we specifically promised you; however, our liability will be the minimum permitted by applicable law. Without limiting the foregoing, in no event shall X-Plorar, or our parents, subsidiaries, directors, officers, shareholders, employees, contractors, agents, representatives or affiliates be liable for any delay or failure to perform resulting directly or indirectly acts of nature, forces or causes beyond our reasonable control, including, without limitation, Internet outages, computer equipment failure, Internet outages, equipment failure computer equipment, telecommunications equipment failures, other equipment failures, power outages, strikes, labor disputes, riots, insurrections, civil unrest, labor shortages or of materials, fire, flood, storm, explosion, act of God, war, government action, pandemic or other worldwide catastrophe, order of domestic or foreign court or tribunal, or the n on-performance of third parties (including, without limitation, our suppliers). Some states do not allow the exclusion of implied warranties, so these exclusions may not apply in some cases. You may have additional rights which vary from state to state. To the extent that we cannot under applicable law exclude any implied warranty, the scope and duration of such warranty shall be the minimum permitted by applicable law.
You agree to indemnify, defend and hold harmless X-Plorar, our parent companies, subsidiaries, affiliates, officers, directors, shareholders, co-branders and other partners, employees, consultants and agents ("Parties X- Plorar"), from and against all third party claims, liabilities, damages, losses, costs, expenses, expenses (including reasonable attorneys' fees and court costs) that such parties may incur due to or arising out of : (i) your use of the products, the Site or the Services; (ii) your breach of these Terms or any other representation or warranty made to X-Plorar; (iii) your breach of any representation or warranty contained in these Terms; (iv) your User Submitted Materials; (v) your violation of the rights of any other person or entity; or (vi) any virus, Trojan horse, worm, time bomb, spyware, malware, cancelbot or other similar harmful or deleterious programming routines introduced by you into the Site or Services. X-Plorar reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. You agree that the provisions of this Section shall survive any termination of your Account, the Terms, or your access to the Site and/or Services.
13. Dispute Resolution
You expressly acknowledge and agree that your remedies for any dispute with X-Plorar or any of the X-Plorar Parties shall be limited to the arbitration procedures set forth below and in no event will you have the right (i) to terminate your agreement to these Terms, (ii) seek or obtain any form of injunctive or other equitable relief, or (iii) in any way preclude or interfere with the continued operation of the Service or Site by one of the X-Plorar Parties. Nothing in this section shall prevent X-Plorar from seeking injunctive or other equitable relief from the courts, including for matters relating to data security, intellectual property or unauthorized access to the Site or Service. For any dispute you have with X-Plorar, you agree to contact us first and try to resolve the dispute with us informally. If we need to contact you, we will do so at the email address on your account or otherwise associated with your order. If X-Plorar has been unable to resolve the dispute with you informally, you agree to resolve any claim, dispute or controversy (excluding requests for injunctive relief or other equitable relief) arising out of or in connection with relationship to these Terms through binding arbitration or (for eligible claims) in small claims court.
ALL CLAIMS MUST BE BROUGHT AS SINGLES OF THE PARTIES, AND NOT AS A PLAINTIFF OR MEMBER OF ANY CLASS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR CANNOT CONSOLIDATE CLAIMS FROM MORE THAN ONE PERSON. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND X-PLORAR EACH ARE WAIVING ANY RIGHT TO A JURY TRIAL OR PARTICIPATION IN A CLASS ACTION. NOTHING IN THESE TERMS OF SERVICE AFFECTS NON-WAIVER STATUTORY RIGHTS THAT APPLY TO YOU. To the extent that any claim, dispute or controversy regarding X-Plorar or our Service is not arbitrable under applicable law or otherwise: You and X-Plorar both agree that any claim or dispute regarding X-Plorar , the Site and/or the Service shall be resolved exclusively in accordance with Section 12 of these Terms.
14. Applicable law
These Terms and any action related thereto shall be governed by and construed by and under the laws of Belgium, without giving effect to any principle providing for the application of the law of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Where X-Plorar requires you to provide an email address, you are responsible for providing X-Plorar with your most recent email address. If the last e-mail address you provided to X-Plorar is not valid or if for any reason it is unable to provide you with the notices required/permitted by the Terms, sending by X-Plorar of the electronic mail containing this notification will nevertheless constitute an effective notification. You can send a notification to X-Plorar at the following address: email@example.com. Such notice will be deemed given when received by X-Plorar by the email server.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Spoils without restriction. Any attempted transfer or assignment by you in violation hereof shall automatically and immediately be null and void. If you are an EEA consumer, either you or X-Plorar may assign this Agreement, and all rights and licenses granted hereunder, to a third party. In the event of such an assignment by X-Plorar, you have the right to terminate the agreement with immediate effect by deactivating your account. X-Plorar will make good faith efforts to provide you with reasonable notice of any such assignment.
Any waiver or failure to enforce any provision of the Terms on any one occasion shall not be deemed a waiver of the same or any other provision on any other occasion.
18. The Parties
If you reside in the European Union, these Terms constitute a contract between you and X-Plorar.
19. Severability and Entire Agreement