Stylemix Terms And Conditions Of Service
Welcome to the Stylemix website! Stylemix FZ-LLC – a company incorporated in Dubai, UAE – and its affiliates, subsidiaries and partners (collectively referred to herein as, “Stylemix”, and also “us”, “we” and “our”) make possible all services (hereinafter referred to as “Stylemix Services” or simply as the “Services”) through the access, engagement and subscription to the services available on websites, located at https://stylemix.net, and all its related websites and subdomains, (collectively, the “Site” or “Sites”).
All provided material, services, promotions, deals and plans, available on the Sites currently or made available in the future, shall be made available to the User of the Site (“User”, “Customer”, “you”, “your”) subject to your acceptance of the terms and conditions of service determined herein (the “Agreement” or the “Terms”), and shall for all applicable legal purposes be construed as a binding Agreement between Stylemix and the User. Please read the whole of this document thoroughly and carefully. If you do not agree with any part of the Terms or to the Terms altogether, we advise that you not to use the Stylemix Services and discontinue your access to any Sites operated by Stylemix.
1. THE SERVICES
The services offered on the Sites are available to you subject to your acceptance of these terms, and availability of Stylemix. These services are related to the maintenance and support of WordPress and related Services. These Services on the Sites are offered on an “as is” base, and Stylemix does not warrant the suitability or likeness of the Services offered on the Sites. However Stylemix does assure satisfaction to all Users, by offering a refund system as determined in SECTION 7 of these Terms.
“Contact Form” shall be the form available at (http://stylemix.net/ticket-form/). Also you may contact Stylemix through email at the address portrayed on the link mentioned above. Stylemix shall respond as soon as possible, in a reasonable amount of time, during office hours.
“Third Party” are construed to be parties which do not directly bound by this agreement, but which somehow affect the relation between Stylemix and its Users.
“WordPress” or “WP” is an online, open source website creation tool, available to the general public, written in PHP code or programming language. Although it is not as complex as other available online tools with the same purpose, special programming knowledge may be required to solve some issues which may appear on the created websites.
“Support Services” are the Services for WordPress related websites which are made available by Stylemix through its Websites to the general online audience.
“Member Accounts” are online accounts which give the paying user access to the paid parts of the Stylemix Websites (like submitting a ticket, website performance reports, billing history, and so on.), and which have hired a Subscription Plan, or other sort of fixed price service.
“PayPal Account” is an account held over at www.paypal.com which is used and required to make any sort of payment on the Stylemix Websites.
“Billing Cycle” shall be the monthly period set for a subscription plan, and commonly lasts 30 or 31 days, pendant on each month.
“Third Party Sites” are the Websites not controlled by Stylemix, which may be linked on the Website, the Blogs or the forums from Stylemix to other parts of the web.
By your continued use and/or engagement of a subscription plan of the Services, and when signing up and registering and account on STYLEMIX, you represent to Stylemix the following:
I. You are at least 18 years old, able to enter into this contract, and/or be of legal age to sign binding agreements in your legal jurisdiction.
II. You are not misrepresenting another person or party.
III. You are a legal resident of the Country where you hold your address at.
IV. You shall at all times, if prompted, provide STYLEMIX unaltered, true and verifiable information, for registration purposes.
V. You shall only use payment forms which are your own, or which you have full authorization to use.
If you do not concur to the aforementioned, you are not eligible to open a member account, hire any services, and/or use the Sites.
4. LICENSE AND YOUR USE OF THE SERVICES
Always pursuant to your compliance of this Agreement, and of your correct payment of any applicable fees for any hired Services, Stylemix grants to you, the User, a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of all the Services and the platform, hosted and available through the Sites. This granted license shall not be construed to include any resale or commercial use of:
a) any Services made available by Stylemix, or its Sites’ contents, either written, images, videos, sound files, or whatever format the content by be available in;
b) any collection and use of any product listings, descriptions, deals and/or prices;
c) any derivative forms of the contents in any format; any downloading or copying of information of any other users of the Sites; or any use of data mining, robots, or similar data gathering and extraction tools;
d) and, any solutions to WordPress-related issues and problems, either these be of code, databases, display, design, timeframes, user payments, subscription, SEO, hosting and domain names, or any other related fix that Stylemix provides for you through the Services, including if you provide or communicate, or make accessible to third persons for free.
All rights not expressly granted or licensed to you in these Terms or any other applicable policies of the Sites, are reserved and retained by Stylemix and/or its licensors, suppliers, publishers, right-holders, or other content providers. The Sites and its content may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, and even for free where determined in this Section, without previous written authorization of Stylemix, derived of a specific request.
5. MEMBERSHIP, FEES AND PAYMENTS
When you hire a Service and/or apply for a subscription plan, you will be prompted to the Subscription form, and some information will be collected. You also will be asked to create a password for your member user account. It shall be your sole responsibility to guard your password, keep safe your login devices and keep your Password confidential and secret; THE SHARING OF YOUR PASSWORD IS AGAINST THESE TERMS AND STRICTLY FORBIDDEN AND MAY RESULT IN ACCOUNT SUSPENSION OR DEFINITIVE CLOSURE. IN THE EVENT OF POSSIBLE ACCOUNT BREACH, PLEASE INFORM STYLEMIX IMMEDIATELY BY ACCESING THE CONTACT FORM.
To open and subscribe to a plan or hire any Services of the Sites you must have a PayPal account. Please keep in mind that PayPal is a private service and website, and that Stylemix does not hold any control over such site, and that you will be bound by their Terms of Service and policies. Stylemix may, under no obligation whatsoever, make available to you other payment options. In that case you may have to update your chosen payment option. You are solely responsible to keep your PayPal Account funded and YOU HEREBY AUTHORIZE STYLEMIX TO CHARGE YOUR ACCOUNT ON A MONTHLY BASIS, FOR YOUR CHOSEN PLAN, WITHOUT NEEDING ANY FURTHER AUTHORIZATION, BESIDES THE STATEMENT OF ACCEPTANCE YOU MAKE WHEN YOU CREATE YOUR MEMBER ACCOUNT.
You may upgrade your plan whenever you want to; however if you downgrade your plan, previously chosen plan shall remain active for the whole Billing Cycle (maximum thirty days). You also may cancel and Close your Account whenever you like. By doing so, you waive any rights to claim any refunds regarding the active period of your last billing cycle; however if you paid for more than a month, Stylemix will refund such balance to your PayPal Account, minus any applicable PayPal fees.
6. MEMBER ACCOUNT REQUISITES
To create a Member Account you must abide to the following requisites:
a) You state and warrant to Stylemix that all information supplied by you is true and accurate and shall be kept up to date by you at all times.
b) Wrongful or fraudulent impersonation or the aid thereof, is prohibited, and shall be reported to the authorities. If you suspect that you are being impersonated or that your parking area appears wrongfully on the Site, please inform us by means of the Contact Form.
c) You may only have one Member Account, unless you have been specifically authorized to be an Agent of Stylemix, and Stylemix reserves the sole exclusive right to suspend any duplicate accounts, even due to mere suspicion.
d) Directly advertise to or solicit to other users, without our express written consent shall be forbidden.
e) Stylemix may from time to time contact Users to present to them certain features of the Site which may be new, or to advertise content related to WordPress, Hosting and domain names, and other internet related business which may be of interest to you, and you authorize Stylemix to do so. This is accepted default by all users, but Users may contact Stylemix to stop receiving such notices.
f) We reserve the right at our discretion to terminate your Member Account, or to remove any content from the Stylemix Sites immediately without notice in case we notice that you have breached any these terms.
g) You are not entitled to resell or commercially exploit the Site’s contents other than the content which is strictly yours, or that you have been specifically authorized to use.
7. REFUND POLICY
It is very important to Stylemix that our Users and Costumers remain satisfied with our services, thus Stylemix is very confident to warrant a refund to unhappy clients. To qualify for a refund, the User must claim any refunds within 30 days of hiring the services. Stylemix will then, within the next 10 days, proceed to issue a 100% refund of any charged monthly subscription, minus any applicable PayPal fees.
8. USER CONTENT
From time to time, either presently or in the future, Stylemix may allow Users to post or send content created by Users to be shown on the Websites. You grant Stylemix a license to use the materials you post to the Site or Services. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (hereinafter referred to as “User Generated Content” or simply as “UGC”) to the Site or Services, you are granting Stylemix, its affiliates, officers, directors, employees, consultants, agents and representatives a fully paid, non-exclusive, license to use, edit, modify, reproduce, and otherwise fully exploit UGC in connection with the Site and Services for promoting part or all of the Site and Services in any media formats and through any media channels, including third-party websites.
9. INAPROPRIATE CONTENT
You will keep control over any websites, blogs, and other such places you have created on the internet, which you hire Stylemix services for; however the following websites we will not accept to service your Site if we construe such site to be:
a) Unlawful, obscene, pornographic, abusive, harassing, threatening, libelous, defamatory, fraudulent, contains nudity, or sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
b) Advocate behavior or conduct that could be constituted a criminal offense;
c) violate any applicable local, provincial, state, national, or foreign law or regulation;
d) perform any unauthorized advertising, junk or bulk email;
e) contains software viruses or any files or programs that are designed to damage or interfere with the proper function of any software and hardware;
f) is false, inaccurate or misleading;
g) infringes any third party’s copyright, trademark, patent, trade secret, right of publicity or privacy;
h) Offer any Parking Space to which you do not have exclusive legal rights;
i) Harvest or scrape any Content from the Stylemix Sites;
j) Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services;
k) Attempt to solicit or induce any customers, suppliers or business relations of Stylemix.
l) Directly competes with Stylemix.
Stylemix is very responsible and serious with the handling your private information on the Sites. We advise you to read our Privacy and Cookie policies to know how we use, collect and protect your information.
11. LINKS TO THIRD PARTY SITES
Stylemix shall be entitled and have the undisputed right, but not the obligation, to monitor all content of its websites, including but not limited to any and all UGC, and other related sections of the Websites, such as blogs and/or forums whenever applicable. The monitoring activities are an attempt of Stylemix to keep Users abiding to these terms. Regardless of this fact, Users are, as stated in this Agreement, solely responsible to abide to their own local jurisdictional laws and regulations. If you become aware of an infringement of another User, either of this Agreement or of local regulation, please kindly inform us through the Contract Form accessible through the Sites.
13. FORCE MAJEURE
Stylemix and its affiliates, shareholders, directors, officers, agents, employees and representatives shall not be liable for any losses or damages, and shall be excused from any delay or failure in performance hereunder, or service provision, which have been caused due to any reason or circumstance, including, but not limited to, any labor dispute or disturbances, governmental order or requirements, acts of God, casualties due to natural phenomena, disaster, wars and other civil disturbances, act of terrorism, strikes, fire, failure of equipment and/or software, interruptions in telecommunication, internet and network services downtime, general serve failures, and other circumstances beyond Stylemix’s control including the failure of its hired third parties to perform. The aforementioned extents to there not being liability of any party participating in this Agreement which o may entail delays or non-performances and errors, which were derived of factors beyond any of the parties reasonable control, such as power failures, internet downtime, network failures, digital commodity unavailability, system failures, and others, provided that all proceedings of the involved parties be made in good faith and procuring avoidance of any negative effects onto the involved parties.
14. SECTION HEADINGS
Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.
This Agreement, and all the rights and licenses granted hereunder, are not to be transferred by any users onto, or in favor of any third parties, unless previous written authorization and consent has been extended by Stylemix. You acknowledge and agree that Stylemix may transfer and assign these Terms to any affiliates or subsidiaries, or to any eventual successors, without having to notice you in advance or after such assignment occurs.
This Whole Agreement shall inure to the benefit of and be binding upon each of the parties any of Stylemix‘s partners affiliates or assignees, including but not limited to owners, authorized parties, agents, companies and Service Providers, or mere advertising parties. You acknowledge having read these Terms before accepting them, and declare that you have all and complete authority to accept and enter into this Agreement and of receiving a digital copy of this Agreement.
17. RELEASE OF STYLEMIX
USERS AGREE AND COMMIT TO RELEASE AND HOLD STYLEMIX AND ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES AND REPRESENTATIVES AS WELL AS ANY OTHER SERVICE PROVIDERS AND/OR PRODUCT SUPPLIERS, IMMUNE FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES – EITHER ACTUAL OR CONSEQUENTIAL – OF ANY KIND AND NATURE WHICH DERIVE OUT OR ARE IN ANY WAY CONNECTED TO THE SERVICES PROVIDED BY STYLEMIX, OR THE SITES, BLOGS OR OTHER PLACES ON THE INTERNET SYLEMIX PROVIDES AND KIND OF SERVICE TO OR OF. USER ALSO WAIVES ALL LOCAL LEGAL CLAIMS TO STYLEMIX DERIVING OF THE AFOREMENTIONED DISPUTES WITH OTHER PARTIES OUTSIDE OF SITES WHICH MAY BE SOMEHOW RELATED TO THE SERVICES PROVIDED ON THE SITES MADE AVAILABLE BY STYLEMIX.
Stylemix marks, trademarks, images, logos and other registered material, are bound by registration and are the exclusive intellectual and patrimonial property of Stylemix FZ-LLC., and its licensees and/or affiliates. You have no permission to reuse or to benefit of this intellectual property or any other copyrighted material of the Site, unless granted permission by Stylemix in writing.
19. DMCA NOTICE
Stylemix is very respectful of copyright laws and your rights of any material which may be wrongfully displayed on the Website or any User Websites. Therefore, pursuant to the directives of the Digital Millennium Copyright Act of 1998, notifications of claimed copyright infringement must be sent to this address:
SD2-58, Building 16, DIC Business Center
All claims sent to Stylemix due to copyright infringement must at all times, commit and comply with the following:
a) Correctly and specifically identify any material founded such copyright claim, including at least the URL of the link or a map leading to where such infringing material is to be found.
b) You must also provide your company affiliation (whenever applicable), any mailing addresses, telephone numbers, and, if available, email addresses.
c) Please kindly also include both of the following statements LITERALLY in the body of your claim: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” And “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
d) Please also provide us with your full legal name and your electronic or physical signature.
In case any of the foregoing is missing on your claim, we may not be able to process it, so please make sure you send it out correctly. We will try to react to any claims as soon as possible.
YOU ARE HEREBY ADVISED THAT ALL WRONGFUL OR UNFOUNDED COPYRIGHT CLAIMS SHALL BE SUBJECT TO THE COMPANY SEEKING RELIEF OF THE IMPRETATORS OF SUCH CLAIMS, AND THAT THEY SHALL RESPOND TO STYLEMIX ECONOMICALLY FOR ANY COSTS, INCLUDING BUT NOT LIMITED TO REASONABLE PROCESSING AND LEGAL FEES DERIVED OF SUCH CLAIMS.
20. TERMINATION AND SUSPENSION
Stylemix holds and retains the exclusive right to suspend or definitely close accounts of members which; i) break or breach any of the terms and conditions of this agreement; ii) are suspected to be conducting illegal activities; iii) are disrespectful of the site administrators, or other Users; iv) are unable to demonstrate the declared information of their profiles, or are suspected to have disclosed untrue information to Stylemix; and v) if Stylemix is unable to process any charges to the users holding a subscription or other kind of services.
In case of definite closure of account, this Agreement shall terminate, and all clauses and sections that provide or leave pendant effects after such termination shall survive.
Users may terminate this agreement by closing their accounts, but some clauses of this Agreement may still be applicable.
21. CHOICE OF LAW AND JURISDICTION
The parties agree that this Agreement shall be governed by and construed in accordance with the laws of Dubai, UAE. All courts and tribunals of Dubai, UAE shall have jurisdiction to all matters related to this Agreement.
22. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between Stylemix and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Stylemix, or by the posting by Stylemix of a revised version on the Website.
23. TRANSLATED VERSIONS
In case you are reading this Agreement in a language different its original language (U.S. English), this original US English version shall govern over any translated versions, should there be any discrepancies or differences of interpretation.
THE SERVICES AVAILABLE TO USERS ON THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND STYLEMIX DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ADDITIONALLY, STYLEMIX MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE, EITHER EXPRESSED OR IMPLIED, REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY GOOD OR SERVICES OBTAINED IN CONNECTION THEREWITH WILL REMAIN SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
FURTHERMORE, STYLEMIX DISCLAIMS AND WAIVES ALL LIABILITY FOR THE IMPOSSIBILITY OF SOLVING A PARTICULAR ISSUE REGARDING THE USER’S WEBSITES, BLOGS OR OTHER ONLINE PLACES, OR ANY SPECIFIC REQUIREMENTS MADE BY ANY USER, OR THAT THE SERVICES WILL BE UNINTERRUPTED AND FREE FROM ERRORS, OR THAT ANY ACQUIRED SOLUTIONS OR INFORMATIONS ARE ACCURATE AND RELIABLE.
25. LIMITATION OF LIABILITY
STYLEMIX SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF STYLEMIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. STYLEMIX SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES INCURRED BY YOU ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY HIJACKS, HACKING, ATTACKS OR EXPLOITATION OF THE USER’S WEBSITES, BLOGS OR OTHER ONLINE MATERIAL; OR (iiI) ANY WRONGFUL USE OF THE SERVICE, ATTEMPTS OF EXPLOIT THE SERVICES AND ANY REMAINING UNSOLVED PROBLEM THAT MAY REMAIN AFTER THE HIRING OF THE SERVICES. STYLEMIX SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND STYLEMIX’S REASONABLE CONTROL.
THIS LIMITATION TO LIABILITY EXTENDS TO ANY SORT OF SECURITY BREACH WHICH MAY OCCUR ON THE STYLEMIX WEBSITES OR THE USERS WEBSITES, BLOGS OR OTHER ONLINE PLACES, INCLUDING, BUT NOT LIMITED TO, UNAUTHORIZED ACCESS, DIRECT ATTACKS OR ANY OTHER MALICIOUS ATTEMPT TO BREACH THE ANY WEBSITE’S SECURITY; YOU WAIVE ALL RIGHTS TO CLAIM OR DEMAND COMPENSATION OF ANY LOSSES RELATED TO BREACHES OF SECURITIES, HACKS, VIRUSES, WORMS AND OTHER MALICIOUS SOFTWARE, REGARDLESS OF ITS ORIGIN.
THESE LIMITATIONS DO NOT PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.
You agree to indemnify and hold Stylemix and its officers, directors, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) the use of Stylemix of your content and material; (iv) your violation of the rights of any third party, including any possible Third Party Providers, be they present or Future; and/or (v) your transgression of any regulation, law or statute of your websites, blogs, forums, or other online material which is or no under hired Stylemix Services.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
28. COMPLETE AGREEMENT AND MODIFICATIONS
This Agreement supersedes all prior understandings and negotiations regarding the subject thereof, and represents the complete agreement between you and Stylemix. These Terms do no create or confer any third-party beneficiary rights. Stylemix may, at any given time, change, amend or modify this Agreement at Stylemix’s sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services, or updating the “Last Updated” date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services and delete your Member account.