Terms of Use
Please Review This User Agreement Carefully. The Following Terms Govern Your Use Of The Website.
The Website www.xplorabox.com is owned and operated by Imagismart Solutions Pvt. Ltd., (“Imagismart Solutions” or “us” or “we”). This User Agreement (the “User Agreement”) is a contract between you and Imagismart Solutions Pvt. Ltd. represented as xplorabox and applies to all users of the Website. In this User Agreement “you” or “your” means any person or entity using the Website, provided that if such person is under 18 years of age or the age of majority in your jurisdiction, whichever is older (the “Age of Majority”), “you” or “your” shall also include such person’s parent or legal guardian.
READ THIS USER AGREEMENT CAREFULLY. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT BY CLICKING THE “I ACCEPT” BUTTON BELOW. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THE WEBSITE AND SHOULD EXIT THE WEBSITE NOW.
Privacy Policy
PRIVACY POLICY Our Privacy Policy (as currently posted on the Website and as may be amended by us) (the “Privacy Policy”) is incorporated into this User Agreement by reference and provides additional terms and conditions related to our use, collection and disclosure of your personal information. If you do not agree to our Privacy Policy, you may not continue to access or use the Website. Any other posted guidelines or rules applicable to any individual use of the Website will also form part of this User Agreement, and by using the Website you agree to abide by all such other guidelines and rules.
Payments
PAYMENTS When you purchase a Xplorabox subscription or a product through the Website, we will bill the credit card or other payment method that you have provided (your “Payment Method”). Your Payment Method will be billed in advance of the date your monthly package or product ships in order for Xplorabox to process the shipment. Xplorabox offers monthly subscriptions (“Monthly Subscriptions”), auto-renewing three, six or twelve month subscriptions (“Auto Renewing Subscriptions”) and one-off product sales (“Product Sales”). Monthly Subscriptions will continue until the subscription is fulfilled or you elect to cancel your subscription. You may elect to cancel your Monthly Subscription by emailing XploraBox Customer Care Team at support@xplorabox.com. Cancellation must occur by the 30th of the month if you do not wish to receive the following month’s shipment. In order to continue your Monthly Subscription, renew your Auto-renewing Subscription or complete a Product Sale, you authorize Xplorabox to charge your Payment Method for the payment due. Xplorabox may charge your Payment Method even though it has expired by extending the expiration date of your Payment Method. This will continue until you notify Xplorabox that your Payment Method account is no longer valid.
Returns
Xplorabox does not accept returns of its monthly packages or products. However, if a package or product you received was damaged or incomplete, please email Xplorabox Customer Care Team at support@xplorabox.com for resolution. Resolution may include shipment of a replacement package or product, an extension of your subscription or similar corrective actions.
Links To Other Websites
LINKS TO OTHER WEBSITES The Website may include links to other websites owned and/or operated by Xplorabox. Such sites are not part of the Website, and each has its own user agreement that you must agree to in order to use that website. The Website may also include links to websites of unaffiliated third parties. Third-party sites are not the responsibility of Xplorabox and we do not warrant or guarantee the accuracy, quality or appropriateness of any such website or any content contained on such website. Each third party website is governed by its own policies and agreements, including policies regarding the collection and use of your personal information. Please be sure to review the applicable agreements and policies carefully when visiting our other websites or any third party websites to whom we provide links. Xplorabox takes no responsibility for your use of any such site and shall not have any liability for events arising from your use of such third party or other websites. XPLORABOX ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE WEBSITE, INCLUDING ANY MATERIAL THAT MAY BE ACCESSED THROUGH LINKS FROM THE WEBSITE.
Registration And Your Username And Password
REGISTRATION AND YOUR USERNAME AND PASSWORD You may access the homepage and certain other portions of the Website without registering for or logging into the Website, but other portions of the Website may require registration, now or in the future. This User Agreement applies to and governs your use of all portions of the Website. If you register on the Website, you may be asked to choose a username and password and to enter other information. Please read our privacy policy for our policies governing the collection of personal information. IT IS IMPORTANT THAT YOU REMEMBER YOUR USERNAME AND PASSWORD AND THAT YOU KEEP YOUR USERNAME AND PASSWORD IN A SAFE PLACE OFFLINE AND THAT YOU DO NOT SHARE YOUR USERNAME AND PASSWORD WITH ANYONE. We will use your username and password to identify you when you return to our Website. If you forget your username or password you may not be able to access certain portions of the Website. You are responsible for maintaining the confidentiality of your username and password, and for all activities using the Website that occur when a user is logged into the Website under your username and password. You agree to: (i) immediately notify Xplorabox of any unauthorized use of username and password or any other breach of security, and (ii) ensure that you log out of the Website at the end of each session. Xplorabox will not be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or be required to change your password from time to time. Your username and password combination is not transferable. We reserve the right to restrict, suspend, or terminate access to the Website for any username and password combination (each, an “Account”) because of inactivity under that Account , fraudulent activity under that Account, or any other reason we deem appropriate in our discretion. If you have any questions about your access to the Website, please contact us at support@xplorabox.com.
Communications; Notifications
You acknowledge and agree that all communications and documents between you and Xplorabox with respect to your use of the Website may take place electronically and that all such electronic notices, agreements, and other communications from Xplorabox shall be the legal equivalent of written communications. It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to our customers or web site users, via e-mail notice, written or hard copy notice, or through conspicuous posting of such notice on the Website, as we may determine in our sole discretion. Notwithstanding the foregoing, we reserve the right to determine the form and means of providing notifications and communications to our customers or website users.
Ownership Of Intellectual Property
All products, services, content, information displayed, performed or otherwise accessible through the Website, including, without limitation, user submitted materials, digital images, software including all derivative works, designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, (collectively the “Xplorabox Materials”) are the intellectual property of Xplorabox, its partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns (collectively, “Licensors”), and are protected by the copyright, trademark, patent, and other intellectual property laws. Without limiting the generality of any other provisions of this User Agreement, the use of any Xplorabox Materials on any other website or networked computer environment is prohibited.
License Grant
This User Agreement grants to you a limited license to access and use the Website and its content for your personal, non-commercial use so long as any display of any Xplorabox Materials shall be in their entirety including any adjoining or embedded advertisements or other visual elements. Any attempts to otherwise access or display the Xplorabox Materials is a violation of the license granted hereunder. Except as expressly provided herein, you agree that no portion of the Website may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any purpose, and nothing contained in this User Agreement shall be deemed or construed to confer any other right in or title to the Website and/or the Xplorabox Materials, in whole or in part. You may not make any modifications to any Xplorabox Materials other than as expressly permitted by us or the applicable Licensor.
User Content
You may be permitted to send us materials, information, suggestions, feedback and other submissions through the Website. Upon submission, all creative suggestions, ideas, notes, artwork, drawings, stories, room designs, concepts, content, materials or information of any nature, excluding any personally identifiable information as defined in our Privacy Policy (collectively, the “User Content”), submitted by you to Xplorabox or otherwise posted on the Website shall be deemed to be, and shall remain, the property of Xplorabox. You hereby irrevocably assign to Xplorabox free of charge all of your worldwide right, title and interest in and to such User Content, and waive any “moral” or author’s rights or other rights in and to such User Content, in whole or in part. Without limiting the foregoing, Xplorabox shall exclusively own all now known or hereafter existing rights, of any and all types and in any all geographic locations, in and to all User Content, and shall be entitled to unrestricted use of the User Content for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Content. To the extent any User Content is deemed non-assignable by applicable law, you hereby grant (or warrant that the owner of such rights has expressly granted) to Xplorabox, a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and license to use, reproduce, modify, sublicense, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize such User Content anywhere in the world, for any purpose and in any form, through any media or technology now known or later developed, without any compensation to you. None of the User Content shall be subject to any obligation of confidence on the part of Xplorabox, and Xplorabox shall not be liable for any use, non-use or disclosure of all or part of the User Content. Without limiting any of the foregoing, Xplorabox may, but is not obligated to, use and publish the User Content at the Website or elsewhere for any purpose. Notwithstanding the above, you are responsible for all User Content posted by you, and Xplorabox does not and shall not have any responsibility for any User Content. You hereby represent and warrant that you have all necessary rights in and to all User Content that you provide through the Website or otherwise to us. Xplorabox does not and cannot review every submission by users and is not responsible for, nor does it endorse or guarantee the accuracy and appropriateness of the content of such submissions. Xplorabox retains the right, but has no obligation, to review, edit or delete any User Content that Xplorabox deems to be illegal, offensive, or otherwise inappropriate.
Contests And Promotions
From time to time, we may run contests or promotions from the Website. We will provide the rules for any such contests and promotions when they are made available on the Website. In order to participate in the contest or promotion, you will be required to agree to the posted rules and regulations applicable to such contest or promotion.
Restrictions On Use
We provide the Website to you and intend the Website to be used in a safe and enjoyable manner. You are responsible for the content of any material you enter on the Website. Users of the Website must not: use the Website in such a way as to offend or interfere with the use by anyone else of the Website; sell, trade or barter any items through the Website; upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using the Website that (i) are defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) advertise or otherwise solicit funds or are a solicitation for goods or services; or (viii) are treated as confidential under any contract or policy; reveal personal information to other users online; attempt to circumvent the security systems of the Website; attempt to gain access to or use the Website in a fraudulent manner; attempt to gain access to any other user’s Accounts; attempt to ascertain any other user’s password and/or personal information by any means whatsoever, including without limitation, by use of the Website or any other website, or by e-mail communication; attempt to harvest or otherwise collect information about other users without their consent; attempt to use the Website for any purposes other than the purposes intended by Xplorabox; or upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment. Moreover, you agree that you will not (i) download or copy any Website pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of the Website for your own personal, non-commercial use; (ii) download or copy Website information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of the Website or the Xplorabox Materials; (iv) publish any collection or compilation of any product listings, descriptions, or prices; (v) create any derivative work of the Website or its contents; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to the Website and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of Xplorabox or its licensors; (viii) use any meta tags or any other “hidden text” utilizing the trademarks, logos, trade names or content of Xplorabox or its licensors; (ix) redistribute, sell, lend, decompile, reverse engineer, disassemble or otherwise render any code related to or used in the Website to a human-readable form. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.
Disclaimers
You Understand And Agree That The Website And The Xplorabox Materials Are Provided On An “as Is” And “as Available” Basis And That We Do Not Assume Any Responsibility For Prompt Or Proper Delivery Of The Website Or Any Material Or Content, Or For Retention Of Any User Information Or Communications Between Users. We Assume No Responsibility For The Accuracy, Authenticity Or Existence Of Any Communications Between Users. We Expressly Disclaim All Warranties Of Any Kind, Whether Express Or Implied, Including, But Not Limited To, The Implied Warranties Of Merchantability, Fitness For A Particular Purpose And Non-infringement. We Reserve The Right To Modify And/or Discontinue The Website At Any Time Without Notice. To The Extent That You Communicate With Xplorabox’s Customer Service Department Or A Xplorabox Representative Through Any Source The Statements, Promises Or Actions Taken By Such Sources Shall Not Limit Or Otherwise Modify The Terms Of This Disclaimer And/or This User Agreement And This Disclaimer And This User Agreement Shall Apply To Any Information Provided To You Through Such Sources. We Make No Warranty That (i) The Website And/or The Xplorabox Materials Will Meet Your Requirements, (ii) The Website And The Xplorabox Materials Will Be Uninterrupted, Timely, Secure, Or Error-free, (iii) The Quality Of Any Products, The Website Or The Xplorabox Materials, Information, Or Other Material Purchased Or Obtained By You Through The Website Will Meet Your Expectations, Or (iv) Any Errors In The Software Underlying The Website And The Xplorabox Materials Or In The Website Or The Xplorabox Materials Will Be Corrected. Any Material Downloaded Or Otherwise Obtained Through The Use Of The Website And/or The Xplorabox Materials Is Done At Your Own Discretion And Risk And You Will Be Solely Responsible For Any Damage To Your Computer System Or Loss Of Data That Results From The Download Of Any Such Material. Some Jurisdictions Do Not Allow The Exclusion Of Certain Warranties Or The Limitation Or Exclusion Of Liability For Incidental Or Consequential Damages. Accordingly, Some Of The Above Limitations May Not Apply To You.
Limitations Of Liability
To The Fullest Extent Permitted By Law, Under No Circumstances, Including But Not Limited To Negligence, Shall The Licensors Be Liable For Any Loss Of Use, Loss Of Data, Loss Of Income Or Profit, Loss Of Or Damage To Property, Or For Any Damages Of Any Kind Or Character (including Without Limitation Any Compensatory, Incidental, Direct, Indirect, Special, Punitive, Or Consequential Damages) Arising Out Of Or In Connection With The Use Of, Or The Inability To Use, The Website Or Any Of The Xplorabox Materials Or Linked Content, Even If The Licensors Have Been Advised Of The Possibility Of Such Damages Or Losses. Without Limiting The Foregoing, Xplorabox Is Not Responsible Or Liable For Any Infections Or Contaminations Of Your System, Or Delays, Inaccuracies, Errors Or Omissions Arising Out Of Your Use Of The Website. Some Jurisdictions Do Not Allow The Exclusion Of The Limitation Or Exclusion Of Liability For Incidental Or Consequential Damages. Accordingly, Some Of The Above Limitations May Not Apply To You. In No Event Will Our Total Cumulative Liability Exceed Us $100.00.
Indemnity
By accepting this User Agreement and using the Website, you agree to indemnify and otherwise hold harmless the Licensors, including but not limited to Xplorabox, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the Website and/or the Xplorabox Materials; ii) unauthorized access to or alteration of your communications with or through the Website and/or the Xplorabox Materials, or iii) any other matter relating to the Website and/or the Xplorabox Materials. Any business transactions which may arise between users from their use of the Website and/or the Xplorabox Materials are the sole responsibility of the users involved, and we disclaim any and all responsibility for such transactions.
General Provisions
This Terms of Service, our Privacy Policy, our FAQs and our other published policies contain the entire understanding between you and Xplorabox in connection with the Website and the Xplorabox Materials and supersede all prior agreements, understandings, negotiations or discussions, whether oral or written, between you and Xplorabox with respect thereto. If any provision of this User Agreement is found to be illegal, void or unenforceable, then such provision shall fall out and the remaining terms, provisions, covenants and restrictions of this User Agreement will remain in full force and effect. The relationship between you and Xplorabox and/or any other Licensor is that of independent contractors and nothing herein shall be deemed or construed to create any other type of relationship. This User Agreement may not be assigned by you.