Terms of Service Agreement
Last updated: January 19, 2015
1. General information
This Terms of Service Agreement (the “Agreement”, "Terms of Service", “Terms”) is an agreement between you (the “User”) and Iks Soft Development – DOOEL Skopje (“Iks Soft”, “xSoft”, "we", or "us") with headquarters at 16ta Makedonska Brigada 13B, Skopje, Macedonia.
The Terms of Service constitute a binding legal agreement between You as user (“you”) us and the subsidiaries and/or affiliates of Webstrian.
This Terms of Service Agreement sets forth the legally binding terms for your use of the Webstrian services and they shall apply to all users of the Webstrian website, including users offering content and/or other materials or services on or through the Website. By using the Webstrian services, you agree to be bound by this Agreement. You are only authorized to use the Webstrian services if you agree to abide by all applicable laws and to this Agreement.
Please read this agreement carefully and save it. If you do not agree with it, you should leave the Webstrian website and discontinue use of the Webstrian services immediately. If you wish to become a member and make use of the Webstrian services, you must read this agreement and indicate your acceptance during the registration process.
Certain services may require additional terms and conditions in which case Your clicking of "I ACCEPT" buttons and/or other prompts and/or any other similar methods of acquiring Your consent will constitute Your acceptance of the said terms and conditions (if any).
Webstrian may modify this Agreement from time to time and such modification shall be effective upon posting on the Website. You agree to be bound to any changes to this Agreement after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
2. Description of Service
Webstrian provides to users who register for an account ("User Account") various online web site tools to edit, update and maintain web site and User Content. Once registered, each User Account receives his or her own Web Site and may post content ("User Content"). Any new features on the Service, including the release of new Webstrian tools and resources, shall be subject to these Terms. The Service also includes web hosting services for the web sites you create through the Website.
To use the Service, you must have access to the Internet, either directly or through devices that access web-based content. You may not access the Service by any means other than through the Service interfaces we provide you.
The Service may include certain communications from us, such as service announcements, administrative messages, and newsletter. These communications are considered part of Webstrian membership.
Please note that part of the Services (or special features) may be provided only to Users who subscribe for such Services and Webstrian may charge fees for such Services.
The Services are provided by Webstrian AS IS and Webstrian assumes no responsibility for any failure in providing the Services to the Users.
To register for User Account, you must provide us with a valid email address and other information ("Registration Data"). You will choose a password and domain name for your web site during the registration process. You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account.
In consideration of use of the Service, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Webstrian has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof.
Individuals under the age of 18 are prohibited from creating or using accounts through Webstrian.
4. User Content
You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials uploaded, posted or stored in connection with your use of the Service (“User Content”). Webstrian is not responsible for your User Content and do not control it, as such, we does not guarantee the accuracy, integrity or quality of such content or that its uploading does not infringe any third party rights.
Webstrian does not claim ownership or any intellectual property rights over the User Content, but you give us your permission to host your User Content on the Service. You hereby grant Webstrian a worldwide, royalty-free, non-exclusive license to host and use the User Content in order to provide you with the Service and hereby represent and warrant that you have all the rights necessary to grant us such license. You are responsible for any User Content that may be lost or unrecoverable through your use of the Service. You are encouraged to archive your Content regularly and frequently.
Under no circumstances will we be liable for your User Content or the content of any third party, including, but not limited to, for any errors or omissions in your User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, transmitted or otherwise made available via the Service.
You understand that when using the Website, you will be exposed to User Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto (if any), and agree to indemnify and hold the Website, its Owners/Operators, affiliates, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
You acknowledge that we do not review User Content, but that we shall have the right (but not the obligation) to refuse, move or delete or require you to remove any User Content that is available via the Service. We shall also have the right to remove any User Content that violates these Terms or is otherwise objectionable in our sole discretion. You must evaluate, and bear all risks associated with, the use of any User Content. You may not rely on any Content created by us. You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety and those of our users and the public.
You further understand that we may not maintain copies of files or documents that are sent by you and that you are solely responsible for backing up this data.
You must follow the rules listed in this Agreement when offering, selling or purchasing Commercial Products. We may remove content related to the offer or sale of Commercial Products in violation of this Agreement. If you sell a Commercial Products using our Service, then you must, upon our request: use reasonable efforts to stop the delivery of the purchased goods and/or services to the buyer or pay a refund for such goods and services to the buyer.
You are solely responsible for the accuracy and appropriateness of all data and content within your website (including sales tax calculations, product pricing, and product descriptions, shipping charges, contact information, email communications, and electronic payment processing). xSoft will not be held responsible for inaccurate information and any potential damages caused by such inaccuracies.
You agree that you will not:
- upload, post, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Webstrian official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service;
- upload, post or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
- share your password, let anyone else access your account, or do anything that might jeopardize the security of your account.
- upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (i) sending mass email to recipients who haven't requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical;
- upload, post or otherwise 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;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- attempt to or actually override any security component included in or underlying the Content or Services.
- attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Webstrians’s infrastructure.
- intentionally or unintentionally violate any applicable local, state, national or international law.
- "stalk" or otherwise harass another;
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
- offer for sale or sell any item, good or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (iii) we determine, in our sole discretion, is inappropriate for sale through the Service;
- use the Service as a forwarding service to another web site;
- solicit a third party’s passwords or personal identifying information for unlawful or phishing purposes;
- exceed the scope of the Service that you have signed up for; for example, by accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples comments or content;
- upload, post or otherwise transmit any User Content that is intended to take advantage of a user. Such content may include, but is not limited to, "get rich quick", "get paid to surf", pyramid/MLM, or other dubious schemes.
- include more than three ad units per page, or any advertising that greatly reduces the usability of the site.
- upload files for the sole purpose of having them hosted by us and for use outside of a web site created using the Service.
- access the Services through automated methods. The Services may only be used or accessed through an electronic device through manual control at all times.
- you may not upload individual files larger than 15MB, except audio/video files which may be up to 100 MB.
- create a web site that provides an injurious user experience with custom programming. Examples include, but are not limited to, extreme flashing banners and excessive animated movement.
- upload, post or otherwise transmit any User Content that is adult in nature, such as any nudity in a sexual context, any User Content revealing exposed genitalia, or any User Content with adult themes.
Webstrian may determine in its sole discretion whether or not an account is in violation of any of these policies.
We retain the right to terminate any account or user who has violated any of the above prohibitions.
If we reasonably determines that your account is being used for illegal or fraudulent activity then your account may be immediately terminated and your financial data erased. We may also report you to law enforcement officials in the appropriate jurisdictions.
You are responsible for maintaining the security of your account and content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You agree to immediately notify Webstrian in writing of any unauthorized uses of your account or any other breaches of security. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Iks Soft be liable, in any way, for any acts or omissions by any Webstrian User or other third party, including any damages of any kind incurred as a result of such acts or omissions.
7. Payment, fees and taxes
Some of the services offered on the Website require payment of fees ("Charged Services"). If you select to sign up for Charged Services, you shall pay all applicable fees, as described on the Website in connection with such Charged Services selected by you.
If it is not stated otherwise, all fees are with calculated taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay any such taxes that might be applicable to your use of the Services and payments made by you to Webstrian.
If you registered for a trial use of the Service ("Trial Period"), you must decide to purchase the Service within the Trial Period in order to make public available of any User Content that you have posted or uploaded during the Trial Period. If you do not purchase the Service by the end of the Trial Period, you still will have access to your account and to the web site but your User Content will no longer be available to the public.
You can choose to upgrade or downgrade your service package to any other service package that Webstrian is currently offering for sale at any time during your subscription. In the event of a package downgrade, a discount credit will be issued to your Webstrian account for the difference in the cost of the two contracts over the remainder of your original contract term. This credit can be applied to future months of service with Webstrian, and is in no way transferable to a cash refund. Downgrading your service package may cause the loss of content, features, or capacity of your account. We do not accept any liability for such loss.
We expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at the Website and effective immediately without need for further notice to any user. Any changes or modifications in prices and fees shall be effective when the Service in question come up for renewal as further described below.
At the end of the Service billing period (the period that you can chose during subscription), your contract will automatically renew for an additional Service Period until explicitly cancelled by you. For example, if your original Service period is for one month, your renewal period will be one month. Therefore, unless you cancel your subscription we will automatically renew the applicable service when it comes up for renewal, and will take payment from the payment method you have on your account with current rates, which you acknowledge and agree may be higher or lower than the rates for the original service period. You may cancel your subscription from such services at least 3 days prior to the automatic renewal. In such event the services shall be discontinued upon the expiration of the respective period you have paid for and you shall not have any claims towards Webstrian in relation to the discontinuation of the services.
If you purchase any Services that we offer for a Fee, you agree to our third party service providers, payment processors, to store your payment card information. We are not storing payment card information. We are using payment processing providers for online payment processing.
You expressly agree that we are authorized to charge you a monthly or yearly Fee for any applicable Service billed on a monthly basis or yearly basis, any other Fees for Services you may purchase, and any applicable taxes in connection with your use of the Service to the payment card you provide.
Currently, the possibility of automatic recurrent payment at the event of automatic renewal of the subscription is NOT active. The payments for the renewed subscriptions should be made through the Webstrian admin panel by logging into the user account.
8. REFUND POLICY
If You are dissatisfied with our Service for any reason, You can request refund with notifying us in writing and submitting a refund request.
One month package payments are fully refundable up to 5 days from the date of purchase. Notify us in writing, and include a copy of your purchase receipt, within 5 days of the date of purchase and we will provide a full refund of your payment, if applicable.
Yearly package payments are fully refundable up to 15 days from the date of purchase. Notify us in writing, and include a copy of your purchase receipt, within 15 days of the date of purchase and we will provide a full refund of your payment, if applicable.
The refund policy does NOT apply to domain name registration and other domain name services. These services are provided by third-parties companies. If you select to purchase Your own domain name, this purchase is non-refundable and it will remain effective until the duration of the domain term has expired.
9. Intellectual Property Rights
The content and services that are provided on the Website, and all content and services provided by or through us or other our partners including, but not limited to, software, shown informational text, software documentation, design, layout, video, audio, functions, documents, files, images, graphics, or other content, whether publicly or privately posted as well as all derivative works thereof (the "Content"), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws.
It is not permitted, and you agree not to: reverse engineer, decompile, decipher, modify, reproduce, publish, translate, copy, distribute, sell, rent, transfer, post, exploit or otherwise attempt to discover any programming code or any source code used in or with the Service and Content or otherwise distribute in any way the Content other than as specifically permitted in this Agreement.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by us.
You may not use, sell, copy, distribute, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Content, create derivative works based on or in any manner commercially exploit the Content, in whole or in part, other than as expressly permitted in this Agreement.
All trademarks, logos, tag lines, service marks, slogans that are part of Webstrian and the Service in whole, are the property of Webstrian. All other trademarks, logos, tag lines, service marks, slogans are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, logos, tag lines, service marks, slogans displayed on Webstrian without our express written permission, or the express written permission of such third-party that may own the trademarks, logos, tag lines, service marks, slogans.
Any use of the Content for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this Agreement.
10. Disclaimer of warranties
THE WEBSITE, SERVICE AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IKS SOFT AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, WITHOUT LIMITING THE FOREGOING, NEITHER WEBSTRIAN NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WARRANT THAT ACCESS TO THE SITE, THE CONTENT AND/OR THE SERVICES AVAILABLE ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES XSOFT OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY OR SUITABILITY OF THE SERVICES, THE CONTENT OR THE WEBSITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND YOUR RELIANCE UPON THE SERVICES AND/OR THE CONTENT IS AT YOUR SOLE RISK. ALSO YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE.
YOU AGREE AND ACKNOWLEDGE THAT ANY ADVICE, CONTENT, DATA, INFORMATION RECEIVED VIA THE WEBSITE AND SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR THE KNOWLEDGE, EXPERTISE OR SKILL AND SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
IN ADDITION, WE ARE NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES SENT THROUGH THE WEBSITE. NEITHER WE NOR ANY THIRD PARTY PROVIDERS OR PARTNERS WARRANT THAT THE WEBSITE, ITS SERVERS THE CONTENT OR THE SERVICES OR ANY E-MAIL SENT FROM THE WEBSITE OR ANY THIRD PARTY PROVIDERS AND PARTNERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, BUSINESS INTERRUPTION, DAMAGES FOR LOSS OF PROFITS,GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: THE USE OR THE INABILITY TO USE THE WEBSITE, THE SERVICE, THE CONTENT, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE;THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR ANY OTHER MATTER RELATING TO THE SERVICE.
YOU HEREBY RELEASE XSOFT AND HOLD XSOFT AND ITS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, CONTENT, WEBSITE, YOUR CONTENT, COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGHTHE SITE.
You agree to defend, indemnify and hold harmless Iks Soft, officers, directors, licensors, suppliers, employees, affiliates, subsidiaries and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from or related to: your (or anyone using your account’s) use of and access to the Services, Website, Content; your User Content or any Commercial Products you offer on or through the Site or using our Services; your violation of any term of these Terms of Service; your violation of any third party right, including without limitation any copyright, property, or privacy right; or any claim that your User Content caused damage to a third party.
13. Cancelation and Termination
Service may be terminated by us, without cause, at any time. Service may be terminated by you, without cause, by following the cancellation procedures. You can cancel the Service anytime but the subscription will be active till the end of the period what you had paid for.
Webstrian may terminate Service at any time, without penalty and without notice, if you fail to comply with any of the Terms of this Agreement or the intellectual property protections applicable to these Service.
Notice of termination of Service by Webstrian may be sent to the contact e-mail associated with your account. Upon termination, we has the right to delete all data, files, User Content or other information that is stored in your account.
We may modify, replace, refuse access to, suspend or discontinue the Service, partially or entirely, or add, change and modify prices for all or part of the Services for you or for all our users at any time and in our sole discretion. All of these changes shall be effective upon their posting on the Site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any User Content available as part of your account, with or without notice if deemed by us to be contrary to this Agreement. For avoidance of doubt, we has no obligation to store, maintain or provide you a copy of any content that you or other users provide when using the Service.
14. Third Party Websites and Services
The Website may contain content or links to other web sites owned by third parties. We has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party content or websites or any of their contents. Please note that when you click on any of these links, you are entering another website for which we have no responsibility or control. You may also have the ability through the Website to login to accounts that you have for services provided by third parties (“Third Party Services”) or to link accounts for Third Party Services to your Webstrian account. xSoft is not responsible for any activity occurring within Third Party Services, even if logged in through or linked to a Webstrian account.
You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of your use of any Third Party Content, Third Party Sites and or Third Party Services, whether or not you were linked to or directed to a Third Party Site or Third Party Service through the Website. You acknowledge that Third Party Sites and Third Party Services may be subject to the applicable third party provider’s terms of service, and you are solely responsible for reviewing and complying with any such terms of service.
15. Additional Software
With respect to any additional software that may be made available by Webstrian in connection with the Service, if you elect to download or access such additional software or third party Content made available to through the Service, you understand that you may have to agree to additional terms and conditions before you use such software or third party Content.
You also agree that the use of any third party software or Content obtained through the Service does not transfer to you any rights, title or interest in or to the software or such Content, and that you will not use any Content made available to you through the software or the Service except as expressly authorized under that third party provider's terms of service or license.
17. Your Site Subdomain
When You create Your website via Our Website, we currently offers You the possibility of choosing one subdomain for Your account. Webstrian maintains ownership of Your account subdomain and grants You a limited, non-exclusive, non-sublicensable, non-transferable, freely revocable, license solely to use the account subdomain on the Site. The account subdomain You choose for Your website and Your account are non-transferable. You will be solely responsible and liable for any activity that occurs under Your account subdomain, Your website and Your account more generally. In particular, we shall in no way be responsible for Your use of others' trademarks or other intellectual property rights in the name, domain, subdomain of Your account, Your website or elsewhere.
At any time You may purchase (from third party companies) Your own custom domain name that can be linked and used with your web site instead of Webstrian subdomain.
18. Terms You Must Post on Your Site
This Agreement may only be modified by a written amendment signed by an authorized executive of xSoft, or by the posting by xSoft of a revised version.
The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
xSoft may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
You agree that: (i) the Webstrian Website shall be deemed solely based in Republic of Macedonia; and (ii) the Webstrian Website shall be deemed a passive website that does not give rise to personal jurisdiction over Webstrian, either specific or general, in jurisdictions other than Macedonia. These Terms of Service shall be governed by the internal substantive laws of the Republic of Macedonia, without regard to its conflict of laws principles.
You will not transfer any of your rights or obligations under this Agreement to anyone else without our prior written consent.
If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Agreement, it will not be considered a waiver.
We reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Webstrian shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
We are not responsible if any email notice gets caught by your SPAM filter and you do not see it, if you have given us the wrong email address (or failed to update your address) or if there are other communications issues that prevent email from reaching you. Therefore, we encourage you to frequently visit this page periodically to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes.
Any questions, comments, suggestions, ideas, feedback, or other information provided by you to us (“Comments”) are not confidential and you hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as we deem appropriate, for any and all commercial and/or non-commercial purposes, in our sole discretion.
We may establish general practices and limits concerning storage and use of the Service and may modify such practices and limits from time to time with or without notice to you.
These Terms will also be applicable to your use of the Service in a trial period.
You verify that your country of residence is the same as your billing address.
Without prejudice to anything else contained in these Terms, if You are using the Website and/or the Services on behalf of any entity, You represent and warrant that You are fully authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify You and Webstrian for any violations of these Terms
We and our licensors make no representation or warranties that the Service or the Content or the Website are appropriate or available for use in all geographic locations. If you use the Website, the Service or the Content outside the Macedonia, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries.
We may also, in the future, offer new services and/or features through Website (including the release of new tools and resources). For the avoidance of doubt, such new features and/or services shall be subject to the terms and conditions of this Agreement.
20. BETA Test Warning
Please note that the Website is currently in its BETA version and undergoing BETA testing. You understand and agree that the Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Services at this stage signifies your understanding of and agreement to participate in the Service BETA testing.
21. Customer Service Contact
To get in touch with our Customer Service please go to our contact page and use the contact information posted there to contact us.