Terms and Conditions
Introduction. We are pleased to offer you access to Bixcy.com, a blog publishing platform and social network located on the website https://bixcy.com/ (the “Service”). The Service includes related web, mobile and desktop applications (“App”). The Service is offered by Bixcy.com, a Texas limited liability company (“Bixcy.com” , “us” or “we”). When we use the term “you,” we refer to an end user of the Service.
You are only authorized to use the Service and the Apps if you agree to abide by all applicable laws and this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should discontinue use of the Service immediately and uninstall the App.
- Provision of Service and License Grant. Subject to the terms and conditions of this Agreement, during the Term, Bixcy.com: (i) will provide you with access to the Service, and (ii) hereby grants you a limited, non-exclusive and nontransferable license to download, install and use the App on a smart phone, tablet or other mobile device that you own or control.
- Representations About You. You represent that you have the power and authority to enter into this Agreement on behalf of yourself or, if applicable, your organization. You also represent that (a) you have read and understand this Agreement, (b) you are 13 years of age or older, (c) the information that you provide to us about you or your account will be current, true, accurate, supportable and complete, (d) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (e) you are not listed on any U.S. Government list of prohibited or restricted parties. If you are 13 or older but under the age of 18, you must review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it and that they agree to it on your behalf. Additionally, if you are entering into this Agreement on behalf of your organization, you represent that you are the authorized agent of the organization and have the legal authority to enter into this Agreement on its behalf.
- Account Creation. In order to use the Service, you must create an account. You may be required to authenticate your account through a social media account. As a condition to linking your social media account to the Service, you agree to share certain information with Bixcy.com and abide by all terms and conditions applicable to the social media account. You are solely responsible for maintaining the confidentiality of your username and password.
- User Behavior. You agree to conduct yourself at all times in accordance with our Community Guidelines , and to comply with all applicable law at all times. We reserve the right to disable certain features (such as the ability to post or reply to posts) or disable your account if you violate our Community Guidelines. If Bixcy.com has previously removed you as a user or terminated your account, you are not eligible to use the Service.
- Restrictions on Use of the Service. You may not rent, lease, lend, sell, redistribute, or sublicense the Service. You are solely responsible for actions taken via your account. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Service). Any attempt to do so is a violation of the rights of Bixcy.com and its licensors. You may not use the Service for any use other than its intended use.
- Reservation of Rights With Respect To The Service. The Service is licensed, not sold, to you. Bixcy.com reserves all rights in and to the Service and all related intellectual property not expressly granted under this Agreement. Without limiting the generality of the foregoing, subject to the limited rights granted hereunder, you acknowledge and agree that, as between the parties, all right, title and interest, including all copyright, trademark, patent, trade secret (including all modifications, improvements, upgrades, and derivative works thereof) and other intellectual property or proprietary rights, related to the Service belong exclusively to Bixcy.com. If you submit any comments, suggestions, or other feedback regarding the Service (“Feedback”), you agree that Bixcy.com will be free to use such Feedback for any purpose.
- Fees for the Use of the Service. There are currently no fees to use the basic version of the Service, although Bixcy.com reserves the right to charge fees in the future. Certain features and functionality are only available to users who pay monthly subscription fees to access premium features (“Premium Features”). Subscription fees, together with all other fees that may be payable pursuant to this Agreement, for each subscription level are set forth on the Bixcy.com pricing page, unless otherwise indicated. By signing up for Premium Features, you hereby authorize Bixcy.com to charge the credit card—or other electronic payment method—associated with your account (“Payment Method”) for all subscription fees each month, in advance. You may cancel your subscription at any time. If you upgrade your subscription level during the month, you will pay a prorated portion of such fees. If you cancel or change your subscription level during the month, unused time may be credited back to your Bixcy.com account and that credit will be applied to future payments. All fees are due and payable in U.S. dollars, are non-refundable (except to the extent set forth in the Agreement) and are exclusive of applicable sales, excise, use or similar taxes. It is your responsibility to update your Payment Method on file, such as updating your billing address or expiration date. If we are unable to charge the Payment Method on file for any fees, we may contact you to provide updated information. If we are still unable to charge the Payment Method, we may suspend or terminate your account.
- Free Trial. If you register for a free trial, we will make certain Premium Features available free of charge until the end of the free trial period (“Trial Period”), or the start date of any paid subscription. This Agreement will apply to any Trial Period. In addition to our disclaimers of warranty below, you agree that all use of the Service during the Trial Period is at your sole risk.
- Term and Termination. This Agreement will commence on the Effective Date and will remain in effect until you either delete your account or we terminate this Agreement. We may terminate this Agreement or suspend your account immediately and without notice if you violate any of the terms of this Agreement or if you violate applicable law or the rights of third parties. In no event will Bixcy.com be liable for the removal or disabling of access to the Service. Upon termination of this Agreement: (i) all license and other rights granted to you under this Agreement will terminate, and (ii) you must cease all use of the Service and uninstall the App. The following provisions will survive any termination of this Agreement: Section 5-6, 7 (as to amounts owed as of termination), 11 and 16-26.
- Content. Bixcy.com does not claim any ownership rights in any text, images, photos, video, sounds, links, works of authorship, or any other materials that you post to the Service (collectively, “Your Content”). After posting Your Content to the Service, you continue to retain all ownership rights in Your Content, and subject to any licenses granted by you, you continue to have the right to use Your Content in any way you choose. By posting or sharing Your Content, you grant Bixcy.com only the limited rights that are reasonably necessary for us to provide the Service, which includes, without limitation, the right to store Your Content and share or display it with other users of the Service. You represent and warrant that: (i) you own Your Content or otherwise have the right to provide it to us, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person or entity. The Service may also contain content of our licensors, including other users (“Third Party Content”). “Third Party Content” and “Your Content” is collectively referred to as the “Content”. Third Party Content is protected by copyright and other laws, and our licensors own and retain all rights in Third Party Content. You acknowledge that Bixcy.com is not responsible for monitoring Content. We may, but do not have any obligation to, remove any of the Content from the Service in our sole discretion, including if we determine that it may violate another person’s intellectual property rights, this Agreement, any applicable third party terms, or applicable law. You acknowledge that Bixcy.com will have access to the Content as it is being transmitted via the Service. It is your sole responsibility to back-up Your Content. You acknowledge and agree that if you delete your account or if this Agreement is otherwise terminated, you may not have access to Your Content via the Service.
- Data. Bixcy.com may collect data from you and other users in connection with the use of the Service (“Usage Statistics”). If we collect Usage Statistics, we will own the Usage Statistics and may use them for any lawful business purpose, provided that Usage Statistics will not contain any personal information of any users and will not identify any individual as the source of such data.
- Limitations on Availability. The Service is not available at all times, in all languages or in all geographies. Bixcy.com makes no representation will achieve any particular uptime, or that the Service is appropriate or available for use in any particular location. Use of the Service is void where prohibited. Bixcy.com may also impose limits on the use or access to the Service, including if required by law. For example, we may impose rate limits on how often the Serviced can be accessed in any window of time in order to avoid abuse.
- Third-Party Services and Materials. The Service may enable access to third-party products and services (collectively and individually, “Third-Party Services”). Use of Third-Party Services may require your acceptance of additional terms of service. You agree to comply with any such terms. Further, information you make available to Third Party Services is subject to the privacy policies of such third parties. You agree that you will use the Third Party Services at your sole risk. The Service and/or Third-Party Services may display, include, or make available content, data, information, applications, or materials from third parties (“Third-Party Materials”), or provide links to third-party websites. You acknowledge and agree that Bixcy.com is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials or websites. Bixcy.com does not warrant or endorse and will not have any liability or responsibility to you or any other person for any Third-Party Services, Third-Party Materials or websites.
- Consent to Receive Messages. We may need to communicate with you about the Service, and we would like to make certain commercial offers available to you from time to time. AS SUCH, YOU CONSENT TO RECEIVE COMMERCIAL MESSAGES (WHETHER BY PHONE, EMAIL, TEXT OR PUSH NOTIFICATIONS) FROM US OR OUR THIRD PARTY PARTNERS, AND ACKNOWLEDGE AND AGREE THAT YOUR PRIMARY PHONE NUMBERS AND EMAIL ADDRESSES AND OTHER INFORMATION MAY BE USED FOR THE PURPOSE OF INITIATING COMMERCIAL MESSAGES. We will allow you to opt out of receiving some of these messages, but in order to stop receiving any messages from us whatsoever (including administrative messages regarding the Service), you will need to terminate your account.
- Developer Terms. Bixcy.com permits third-party developers (“Developers”) to use the Bixcy.com developer API (XML and JSON feeds, JSON API, Micropub, MetaWeblog and Webmention) and related developer materials, which may include other APIs, SDKs or sample code (collectively the “Developer Materials”). All use of the Developer Materials must in accordance with this Agreement, any applicable documentation, our posted guidelines for Developers and any applicable Developer-specific agreement (collectively, the “Developer Terms”). Subject to the Developer Terms, Bixcy.com hereby grants Developer a limited, personal, revocable, non-exclusive, royalty-free, non-sublicensable and non-transferable license to internally use a reasonable number of copies of Developer Materials in strict accordance with the Developer Terms solely to develop, test and use applications that are capable of interconnection with the Service (and not with any other service or product) (“Applications”). Applications developed by you may only be distributed or made available to end users to use directly with the Service in accordance with this Agreement. Bots and other automated services (especially those pretending to be real people or which automatically post replies or spam) are not allowed and will be banned. Applications that hit the Service too frequently will be rate-limited. If you are a Developer, references to the “Service” in the following Sections will also be deemed to include the Developer Materials: Sections 3-6, 9-14, 17-20 and 24-25.
- Acknowledgements Regarding App Marketplace Providers. You acknowledge that this Agreement is between you and blog and not with Apple, Inc., Google Inc. or any sponsor or provider of any application marketplace (each a “Provider”) and that blog (not the applicable Provider) is responsible for the App and the Service. YOU ACKNOWLEDGE AND AGREE THAT NO PROVIDER MAKES ANY WARRANTIES WHATSOEVER UNDER THIS AGREEMENT OR HAS ANY WARRANTY OBLIGATIONS WITH RESPECT TO THE APP OR THE SERVICE. You acknowledge that Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the App or for addressing any claims relating thereto or your possession and/or use thereof, including, but not limited to (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You further acknowledge that Providers have no responsibility for the investigation, defense, settlement or discharge of any third party intellectual property claims that the App or your use thereof infringes intellectual property rights. If you install the App on an iOS-based device, Apple, Inc. and its subsidiaries, are third party beneficiaries of this Agreement and will have the right to enforce this Agreement against you.
- Disclaimer of Warranty. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE, AND YOUR INTERACTIONS OR TRANSACTIONS IN CONNECTION WITH THE SERVICE ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. Bixcy.com HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, AND YOUR INTERACTIONS OR TRANSACTIONS IN CONNECTION WITH THE SERVICE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. Bixcy.com DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL Bixcy.com BE LIABLE FOR (I) PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF Bixcy.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR CONDUCT AND INTERACTION WITH THIRD PARTIES THROUGH THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Bixcy.com’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY CAUSED BY Bixcy.com) EXCEED THE GREATER OF: (i) THE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT (IF ANY) IN THE 12 MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (ii) $500.00. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Disputes Among Users. Bixcy.com reserves the right, but has no obligation, to monitor disputes between Users. EACH USER IS SOLELY RESPONSIBLE FOR ITS INTERACTIONS WITH OTHER USERS OF THE SERVICE, AGREES TO LOOK SOLELY TO SUCH OTHER USERS FOR ANY CLAIM, DAMAGE OR LIABILITY ASSOCIATED WITH ANY INTERACTION OR TRANSACTION CONDUCTED VIA THE SERVICE, AND EXPRESSLY WAIVES AND RELEASES Bixcy.com FROM ANY AND ALL CLAIMS, DAMAGES AND LIABILITIES ARISING OUT OF ANY ACT OR OMISSION OF ANY SUCH USER, INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO PERSONAL INJURY OR DESTRUCTION OF PROPERTY.
- Compliance with Law, Export and Other Restrictions. To the extent you choose to use the Service, you agree to comply with any applicable laws, including but not limited to applicable local laws. You may not use or otherwise export or re-export it except as authorized by United States law and the laws of the jurisdiction in which the Service was accessed.
- Copyright Policy. We maintain a Copyright Policy, available here, for any Content alleged to infringe the copyright of a third party. Under our Copyright Policy, we will terminate your account and your access to the Service if you are determined to be a repeat infringer.
- Governing Law and Arbitration. The Agreement will be governed by and construed in accordance with the laws of the State of Texas applicable to agreements entered into, and to be performed entirely, within Texas between Texas residents. Any dispute, controversy or claim arising out of this Agreement will be settled by binding arbitration pursuant to the Commercial Rules (or Consumer Rules, to the extent applicable) of the American Arbitration Association (“Rules”) then in effect. Notwithstanding those Rules, the following provisions will apply to such arbitration: (a) the arbitration will be conducted by a single arbitrator, (b) the fees of the arbitrator shall be equally borne (50/50) by the parties, and (c) the proceedings shall be in the English language and shall take place in Austin, Texas or another location reasonably convenient to both parties. The arbitrator shall reach a binding decision regarding the issues presented as it deems fair, reasonable and appropriate, and such decision shall have the full force and effect of a binding judgment, which may be entered in any court having proper jurisdiction. Each party may seek injunctive relief in any court of competent jurisdiction. You and Bixcy.com agree to resolve any dispute in arbitration on an individual basis only, and not on a class or collective basis
- Modifications. We may modify the terms of this Agreement from time to time. Any modification shall be effective when we notify you of the modification (via an update delivered through the Service or via email or other notification) and you signify your acceptance (via email, text or an electronic click-to-accept method).
- Miscellaneous. This Agreement constitutes the entire agreement between you and Bixcy.com regarding the Service. The failure of Bixcy.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. “Bixcy.com” and all associated logos displayed within the Service are trademarks of Bixcy.com or its licensors. This Agreement operates to the fullest extent permissible by law. Bixcy.com may freely transfer or assign this Agreement and any of its rights or obligations hereunder. You may not transfer or assign this Agreement or any of your rights or obligations hereunder without the prior written consent of Bixcy.com, and any attempt to do so shall be null and void. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
- Contact Us. Bixcy.com can be reached [email protected]