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  1.   This website https://thexele.com is owned and operated by THEXELE® - (the “Site Owner”). Your access and use of any website where these Terms of Use are posted and/or where you actively agree to the Terms, including the websites that you may access using your mobile electronic device and the website shopping carts that you may access to purchase products from the on-line store (collectively, the “Sites”), and of the services provided through the Sites (collectively, with he Sites, the “Services”) are governed by and subject to these Terms of Use (the “Terms”). 
  2.   These Terms are a legal agreement between Thexele®, and you. These Terms contain important information regarding your legal rights, remedies and obligations. Except as set forth in the Arbitration and Class Action Waiver section below, by accessing any portion of the Sites or using the Services, you, your heirs, assigns, and successors (collectively “you”) acknowledge that you have read and understand these Terms, and you agree to be bound by these Terms. To use the Services, you must be, and represent and warrant that you are, of legal age (18 years of age or older or otherwise of legal age in your  jurisdiction, or, if you have parental consent, 13 years of age) and able to agree to these Terms. If you use the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity. 

  3.   Thexele have established and may establish in the future certain additional policies pertaining to specific content or events (the “Additional Terms”). Such Additional Terms include, without limitation, Thexele Privacy Policy and  Customer Support Policies (orders, payment, shipping, and refunds). The Privacy Policy, incorporated herein by reference, explains how Thexele may collect, use and disclose information that we learn about you as a result of your interaction with us through the Services. The Privacy Policy and all other Additional Terms constitute a part of these Terms and are hereby incorporated by reference into these Terms. By agreeing to these Terms, you are also accepting the terms of the Privacy Policy and of all other Additional Terms. Thexele with other companies to provide or to facilitate some of the Services, including, without limitation, fulfilling product orders, processing payments, administering e-mail announcements, sponsoring and administering promotions, and processing and storing data. These companies may maintain their own terms of service, which are not under the control of the site owner.

  4.    Site owner and their respective subsidiaries, affiliated or related companies, distributors, vendors, contractors, licensors and/or licensees are the exclusive owners or licensees of all content and materials on the Services (“Site Content”) and of all related intellectual property rights therein, including, without limitation, all copyrights, moral rights, trademark rights and patent rights. The Site Content includes, without limitation, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio-visual elements, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic convention of the Services. The Site Content is protected by copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. You acknowledge that the Site Content and Services have been developed, compiled, prepared, revised, selected, and arranged by Thexele and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of site owner and such others. The name and trademark THEXELE® and any other related logos and trademarks used on this Site (collectively, the “Artist Marks”) are the exclusive property of Elena Selezneva. Unauthorized use of any of the Artist Marks or of any word, term, name, symbol or device that is likely to cause confusion or mistake with respect to the user’s connection or association with Thexele, or her approval or sponsorship of the user’s products or services, or that is likely to dilute any of the Artist Marks is strictly prohibited by law. All other trade names, trademarks and service-marks that appear on the Services are the property of their respective owners. You agree to notify site owner immediately upon becoming aware of any claim that the Services infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. You may access, browse and use the Services and the Site Content only for your personal, non-commercial use, on a computer, mobile electronic device or other Internet-compatible device. You do not acquire any ownership interests in any of the Site Content or the Artist Marks by accessing, browsing or otherwise using the Services. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any means or media, any of the Site Content or the Artist Marks, except as may be allowed by law.

  5.   Subject to your compliance with these Terms, Thexele grant you a limited, non-exclusive, non-sub-licensable, non-transferable, and revocable right to access and use the Services only for your own internal, personal, or non-commercial use, and only in a manner that complies with all legal requirements that apply to you or your use of the Services, including those relating to data security and data privacy, such as our Privacy Policy, these Terms, and the Additional Terms. The owner of this site may revoke this license at any time, in each entity’s sole discretion. Upon any such revocation, you must promptly destroy all materials downloaded or otherwise obtained from the Services, as well as all copies of such materials, whether made in accordance with these Terms or otherwise.

  6.   You warrant and agree that, while accessing or using the Services, you will not: use another person’s account, impersonate any person or entity, or misrepresent your affiliation with any person or entity, whether actual or fictitious; use an inappropriate username or screen name; copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, “mirror,” duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through the Services, by any means except as provided for in these Terms or with the prior written consent of Thexele, as appropriate; obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Services, through any means, including through means not intentionally made publicly-available or provided through the Services; access, monitor, index, frame, link, or copy any content or information on the Services by accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the publicly-available portions of the Services through a browser or accessing the Services through any API provided or approved by Thexele or otherwise engage in any automatic or unauthorized means of accessing, logging-in or registering on the Services, or obtaining lists of users or other information from or through the Services, including, without limitation, any information residing on any server or database connected to the Services; use the Services in any manner that could interrupt, damage, disable, overburden or impair the Services or interfere with any other party’s use and enjoyment of the Services, including, without limitation, sending mass unsolicited messages or “flooding” servers; post or otherwise make available any material that contains any software, device, instructions, computer code, files, programs and/or other content or feature that is designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment use the Services for benchmarking, or to compile information for a product or service; frame, inline link, or similarly display the Services or any portion of the Services; use the Services in violation of our or of site owner intellectual property or other proprietary or legal rights, or of the rights of any third party; use the Services in violation of any law; attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter or interfere with, the Services; facilitate violations of these Terms or the Sites’ Privacy Policy; post any trade secrets or other confidential information, or post any material that you do not have a right to make available under any law or under contractual or fiduciary relationships, including but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements; post, transmit, publish or otherwise disseminate through the Services any of Your Content that, as site owner determine, in our sole discretion:  (i) is vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, harmful, harassing, inflammatory, threatening, abusive, libelous, defamatory, invasive of another’s privacy, or otherwise unlawful; (ii) is false, misleading, or inaccurate; (iii) promotes sexually explicit or pornographic materials, violence, or any illegal acts; (iv) infringes on our or any third party’s intellectual property or other legal rights, or otherwise violates any law; (v) is derogatory or harmful to our reputation or to the reputation of Thexele or Related Parties in any way; (vi) gives the impression that they emanate from or are endorsed by us or any other person or entity, if that is not the case; or (vii) is otherwise inappropriate; or attempt to indirectly undertake any of the foregoing.

  7.   Some of the Services are only available if you create an account.  When any of the Services require you to open an account (“Your Account”) or to otherwise provide user or registration information, including user names and passwords (“Your User Information”), you must complete the registration process by providing Thexele with complete, current, and accurate information and must update Your User Information to keep it complete, current, and accurate. By registering, you agree that you are fully responsible for all activities that occur under Your Account. Parties may assume that any communications they receive under Your Account have been made by you. You grant to the Parties the right to use, store, monitor, retrieve and transmit Your User Information in connection with the operation of and/or the provision of any of the Services. Our information collection and use policies with respect to the privacy of Your User Information are set forth in the Site's Privacy Policy, which is incorporated into these Terms by reference for all purposes. You agree that information submitted to Your Account will be transmitted to and shared with third parties that may be located in other countries in order for the Parties to provide services to you, including, but not limited to, transaction processing and fraud prevention. You are solely responsible for maintaining the confidentiality of Your User Information.  You are also solely responsible for any and all activities that occur under  Your Account or Your User Information.  You must notify Thexele immediately, via e-mail to info@thexele.com, of any suspected or actual unauthorized use of Your Account or Your User Information, and of any and all other security breaches. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. Site owner will not be liable for any loss, damages, liability, expenses or lawyers’ fees that you may incur as a result of someone else using Your Account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and lawyers’ fees incurred by Thexele, or a third party due to someone else using Your Account. Site owner reserve the right to limit, block, suspend, or terminate Your Account in whole or in part or to refuse services to you, without notice to you, at any time and for any or no reason. You have the right to terminate Your  Account at any time. You may terminate Your Account by following the instructions on the Services. Please note that if Your Account is terminated, Thexele do not have an obligation to delete or return to you any of Your Content. If you voluntarily terminate Your Account, you may reactivate Your Account at any time through the account interface on the Services. Accounts terminated by us for any type of abuse, including without limitation, a violation of these Terms, may not be reactivated. Certain provisions of these Terms will still apply post termination

  8.    By submitting an order through the Services, you agree to pay in advance the price of the product(s) or service(s) ordered, plus any applicable taxes, shipping and handling and/or other charges. Payment may be made by credit card or any other method of payment made available to you (each, a “Method of Payment”). In order to make a payment, you must provide valid credit card and/or other billing information and authorize Thexele (or any third party payment service provider engaged by site owner to charge your Method of Payment for all orders placed and accepted via the Services. Thexele may revise the pricing for products and services offered through the Services at any time. Unless otherwise noted, all currency references are in U.S. Dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees for products or services provided by us, Your Account may be closed and Your User Information may be disabled, without warning or notice, at our sole discretion. YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED PRODUCTS OR SERVICES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT OR THROUGH YOUR USER INFORMATION, INCLUDING ANY UNAUTHORIZED CHARGES. Thexele may, from time to time, modify, amend or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on the Services. Thexele reserves the right to refuse or limit any order you place with the webstore. Site owner may also, in its sole discretion, limit or cancel quantities purchased per person, household, or order. In the event Thexele makes a change to or cancel an order, they will attempt to notify you by contacting the email address provided at the time the order was made. If site owner cancels all or any part of your order after your Method of Payment has been charged, it will refund the appropriate amount.

  9.   THE SERVICES AND THE SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING. WITHOUT LIMITING THE FOREGOING, PARTIES AND THE RELATED PARTIES EXPLICITLY DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY OR USEFULNESS OF THE SITE CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT, ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE, ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THE SERVICES, AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICES.  NONE OF THE PARTIES WARRANT THAT THE SERVICES OR THE SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS OR DEFECTS.  YOU USE THE SERVICES AT YOUR OWN RISK.  EACH OF THE PARTIES AND RELATED PARTIES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TOBROW SING, OR USE OF THE SERVICES OR YOUR DOWNLOADING OF ANY CONTENT ONTHE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. THEXELE SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE SERVICES. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE SERVICES.

  10.   These Terms shall be deemed to include all other notices, policies, disclaimers and other terms and conditions contained in the Services, including, without limitation, the Sites’ Privacy Policy and all other Additional Terms; provided, however, that these Terms shall prevail in the event of a conflict with any such other documents. Any rights not expressly granted in these Terms are reserved to us and to the Parties. These Terms constitute the entire agreement between you and us, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to your use of the Services and all matters relating to your access to, and/or use of, the Services except as expressly provided herein.  A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.

  11.   Thexele reserve the right to modify, suspend, refuse or terminate, in the entities’ sole discretion, at any time, temporarily or permanently, for any or no reason and without notice or liability to you, any portion of the Services. Site owner reserve the right to modify these Terms and/or any other guidelines or policies affecting the Services at any time. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Services. Your agreement to these Terms is personal to you and you may not transfer or assign it, your rights, licenses, or obligations to any third party. Any attempted transfer or assignment in violation hereof shall be null and void.

 

        

TERMS OF USE

 If you have any questions about these Terms, please contact us at support@thexele.com   
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