About us and these terms
- Hi there, we’re Oxyelements, a subscription service for design elements intended for Oxygen Builder. When we say ‘we’, ‘us’ or ‘Oxyelements’ it’s because that’s who we are and we own and run the Oxyelements platform.
- Oxyelements is a product of Trigger Growth ApS (DK35809112).
- Oxyelements and Trigger Growth reside in Denmark.
- When you create an Oxyelements account and accept these terms you become a member of our community. During your time with us, you agree to follow the ground rules outlined in these terms so please read and understand them. If you don’t accept the terms then we’ll be sad, but you will need to leave because your presence on and use of the Oxyelements platform is conditional on your acceptance to be bound by these terms whether you become a member or not.
- The Items on Oxyelements are licensed to you under the terms of the Oxyelements License (as amended from time to time) which you find in these terms.
License and Service
What you can do with your license
Upon subscription, you will be granted a license from us to use elements for your project/website.
- Subscribers set up a project per website domain they want to use the elements on.
- When a user adds the site-key to a domain that is associated with their project on our site, it will load all the elements they want.
- No ownership:
- Effect of ceasing subscription:
If you've set up a project for a specific domain you want to use the elements on, you retain a valid license for the elements you have used in your web designs after your subscription ends.
- Reselling of elements is not permitted:
The license does not permit reselling elements, layouts, pages, templates, or any other oxyelements item you gain access to via your oxyelements subscription (neither as individual elements nor as parts of combined or modified elements). For example in a service similar to oxyelements.
As a Subscriber, you also receive services from us like account support, library quality control, and other related services.
We do our best to make sure that Items are of high quality.
However, if you come across any issues or incompatibilities, you can open up a ticket at our support center and allow us to help you resolve your issue. Dedicated support is promised to only those who possess an active license.
Transacting as a Subscriber:
- You can pay for your subscription with a Credit Card via Stripe. You may be required to pay a handling fee.
- By signing on as a Subscriber you must agree to the individual payment terms that relate to your chosen method of payment, as notified to you.
- In the event that you select an ongoing, regular payment method (for example a monthly credit card or PayPal payment) and that payment fails to occur, we may immediately suspend your subscription until payment has been made. If we suspend your subscription, your rights under these terms and the Oxyelements License will also be suspended.
- Currency conversion costs: You are responsible for all costs of currency conversion relating to your Oxyelements subscription. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).
- This means that you may incur additional costs when subscribing to Oxyelements, which we have no control over.
- Terms of subscribing: When you subscribe to Oxyelements, you do so on the following terms:
- you promise to us that you understand what you can and can’t do with Oxyelements items in accordance with the Oxyelements License;
- we do not promise that any particular Item will continue to be available on Oxyelements;
- once you register an Item, you acquire a non- exclusive license to use the Item under the terms set out in the Oxyelements License (non-exclusive means others might also license the same Item); and
- you do not gain any ownership rights in an item that you are using.
- It is important that you understand the terms on which you are making a purchase. Please take the time to review this section carefully.
- The final prices and fees are inclusive of transactional taxes where relevant (like VAT and GST). Our promotional materials will state whether or not the price is inclusive or exclusive of transactional taxes.
- You are responsible for paying all other fees and taxes associated with your use of Oxyelements wherever levied. Your responsibility includes withholding tax if it applies unless we already process that withholding tax. We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).
Becoming a Subscriber
- Individual subscription: When you become a Subscriber you get to access our library of Items that must be used in accordance with the Oxyelements License. Only real people, using their real details, can subscribe to Oxyelements - shared or group subscriptions may be possible in the future but are not available as at the date of these terms.
- Age: You need to be 18 years or over to become a Subscriber. If you’re under 18 you will need to use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.
- Your responsibility: You promise that information you give us is true, accurate and complete and that you will keep your account information up-to-date (including a current email address). Your subscription is not transferable. You are responsible for any use of Oxyelements that occurs in conjunction with your username and password so keep your password secure and don’t let any other person use your username or password. If you realise there’s any unauthorized use of your password or any breach of security you need to let us know immediately.
Refunds and cancelations
- Given the nature of digital content, we do not generally offer a refund or credit on a purchased subscription unless we have made changes to these terms that materially affect you to your detriment or as required under Danish consumer law or other relevant consumer protection laws. If you would like to request a refund or credit you should email us at firstname.lastname@example.org. If you cancel a subscription due to us making a change to our terms that materially affect you to your detriment then you will receive a refund for any whole unused months remaining in your subscription period.
- We will assess refund or credit requests on their merits. There is generally no obligation to provide a refund or credit in situations like the following:
- you have changed your mind about your subscription;
- you subscribed by mistake;
- you do not have sufficient expertise to use the Items made available;
- you ask for goodwill; or
- you can no longer access any of your desired Items because they have been removed from Oxyelements (we advise you to use Items as soon as you license them to avoid this situation).
- If we decide to issue a refund or credit, this will generally be done using the same manner used to make the purchase. Any payment made to you will be made in the currency Oxyelements offered to you when you purchased your subscription (US Dollars), under the rules of the payment method (Currency conversion costs about currency conversion back to your local currency).
- It is important that you understand how refunds work.
- Disputes lodged with payment agents: If, as a Subscriber, you lodge a dispute with a payment agent, this will result in a freezing of your Oxyelements subscription and your Oxyelements account until the dispute raised with the payment agent has been canceled. This makes it very complex to resolve any related issues so we encourage you to contact us directly first to see if we can help resolve any concerns.
- Fine print: We are not a bank or licensed deposit taker in Denmark or elsewhere. Any credit we apply to your subscription is not a deposit under Danish law about banks, and that means you don’t get the benefit of any deposit insurance or guarantee under those laws. We don’t act as a fiduciary or as a trustee for you, and we’re not a licensed financial service provider.
We own all the Oxyelements Content that we have put on oxyelements.com (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the Oxyelements site, and copyright, trademarks, designs and other intellectual property on Oxyelements. We own all the trademarks, logos, service marks and trade names on Oxyelements (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our Oxyelements Content or use any of our intellectual property in any way not expressly stated in these terms.
Acceptable Use Policy
So what's not acceptable use?
- It's NOT OKAY to use Oxyelements or any of our sites or products to submit, post, build, host or otherwise make available any content that may contain, provide access to (eg, through links to third party websites) or promote any of the following content:
- Adult content: This includes images or videos that contain nudity or sexual activity, or any commercial activity linked to making money from adult content such as escort agencies.
- Exploitation of children: This includes images or videos depicting children in a way that encourages or promotes attraction towards children.
- Hate speech: This includes content that supports or condones violence or discrimination against individuals based on race, ethnicity, religion, disability, age, gender, nationality, sexual orientation or gender identity.
- Incitement of violence: This includes content that threatens, or that is intended to incite, violence against an individual or group of individuals.
- Harassment: This includes any form of harassment or bullying against an individual or group of individuals.
- Defamation: This includes any untruthful comments about a person that has the tendency to lower their estimation in the eyes of others.
- Copyright and third party intellectual property: Using the Oxyelements, products or service in violation of the copyright or other intellectual property rights of others is NOT cool, and is illegal, so please don't do that.
- Offensive content: This includes content that would cause offence to a reasonable person, including content that is posted for ‘shock value'.
- Fraudulent, misleading or deceptive conduct: This includes making statements about your own products or services that are not accurate or impersonating others.
- It's also NOT OKAY to use Oxyelements or any of our sites or products to submit, post, build, host or otherwise make available any content that may contain, provide access to (eg, through links to third party websites) or promote any of the following activities:
- Supply of regulated goods and services: This includes the supply of alcohol, tobacco, pharmaceuticals, medical devices, supplements, fireworks, weapons, gambling or adult escort services.
- Illegal activities: This seems like a no brainer but using Oxyelements, products or services for any dangerous or illegal content or other purposes is NOT acceptable. You should always ensure you're aware and comply with any applicable laws in Denmark, USA or other jurisdictions you are located in or doing business in.
- Illegal activities which cause harm to Oxyelements products or services or brand or others: Unacceptable content or links which might cause harm to the Oxyelements products or services or brand or others is definitely NOT OKAY with us. This includes pirated software, programs or archives that provide the functionality to gain unauthorised access to other systems or networks of any kind, Warez sites, files or web pages that contain viruses, trojans, malware or other applications designed to access a user's equipment or information with illegal intentions and/or without the knowledge of the user.
How can I report any abuse or offensive content?
- Reporting abuse: Please report suspected policy violations to us using the 'Report Abuse' by emailing us at email@example.com.
What Action Might We Take If A User Has Breached This Policy?
- We will try and ensure fair outcomes for any content or use we deem as NOT acceptable. If you're not sure whether your content or intended use of our services is acceptable then please contact us to discuss.
- If you have breached this acceptable use policy then we may, in our absolute discretion and without notice:
- request that you immediately remove the content which we view is NOT acceptable;
- immediately suspend or terminate any accounts you have with Oxyelements;
- immediately stop providing you with the services, including hosting your website;
- in serious cases such as those involving the abuse of children, or other illegal activity, report you to the appropriate authorities.
Fair Use Policy
The User Terms and Oxyelements License which apply to your use of Oxyelements products require you to
- Not act in a way which does not align with the values of the community, or in a way that could cause harm to us or to others; and.
- Only use an Item if you have a valid and live Oxyelements subscription and upon you set up a new project on our website with the associated domain.
This policy, which forms part of your User Terms, is designed to keep things fair. It can be summed up like this:
Depending on the way you use Oxyelements, you may have a genuine need to load high volumes of Items. We will remove any imposed load restrictions once we are satisfied that a user is not engaging in inappropriate loading behavior. To establish this, we may contact users to understand more about their use of the Oxyelements service instead of (or as well as) restricting access.
If you have a need to load high volumes of items, especially within a relatively short amount of time, we encourage you to contact us in order to show proof of legitimate Item use - this will reduce the likelihood that your loading behavior will trigger action under this policy.
Importantly, this part of the policy does not impose a hard limit on a user’s ability to load items from Oxyelemets. If we detect behavior which is suggestive of inappropriate loading then we may take action to make sure we can keep providing the same service to other users. We will remove any restrictions within a reasonable time of receiving satisfactory evidence of legitimate use.
Our use of your information
- Confidential Information: We value your information and take reasonable precautions to protect it. While using Oxyelements, you may also become aware of confidential information about us, or someone else. You promise to not disclose any confidential information made available to you through Oxyelements to any other person.
- Eligibility, suspension or termination: Being a Subscriber is not an automatic right, it is a benefit for those who follow our reasonable rules. We hope that you will be with us for a long time. But we may, using reasonable discretion, decide whether or not your use of Oxyelements complies with these terms. We can suspend or terminate your subscription account at any time for any reason (acting reasonably of course) including:
- if you breach these terms;
- if you act in a way that does not align with the values of our community; or
- if you act in a way that could cause us or others harm.
- If we do decide to permanently terminate your Oxyelements account you must not apply for a new account as unfortunately, you will no longer be welcome in our community. This decision may also apply to all of your Oxyelements accounts you use on other Oxyelements sites.
Liability and indemnity - between us and Subscribers
- You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to use of Oxyelements, any Item or the products or services forming part of any Third Party Offer.
- Oxyelements, the Items, and all Third Party Offers are made available to you on an “AS IS” basis. Subject to clause 42, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability, and fitness for a particular purpose.
- Our liability to you in connection with Oxyelements or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
- we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense; and
- our total aggregate liability to you is otherwise limited to the total amounts paid by you to us for your Oxyelements subscription in the 6 months immediately preceding the date on which the claim giving rise to the liability arose.
- Availability: We strive to have Oxyelements available to you 24 hours a day, seven days a week but you know how the internet works: occasionally you might not be able to access Oxyelements, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how Oxyelements works, including the kinds of Items available on Oxyelements.
- Third party: If you’re agreeing to these terms on behalf of someone else then you’re promising to us that you have full legal authority to bind that third party. Remember that only real people can subscribe to Oxyelements.
- Consumer laws: In some places, there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees’). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we are bound only by the express promises made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to replacing or paying the cost of replacing the relevant Item or service, (unless the non-excludable consumer guarantee says otherwise). You must not use an Item in violation of any export laws that apply to you.
- Blocking you, disabling your subscription or refusing to process a payment: We may block you, terminate your subscription or refuse to process a payment if we reasonably believe there is a risk associated with you, your subscription, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where the payment is from or to a person or country sanctioned by an authority (like the United Nations, the United States government or the Danish government); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You promise that you are not located in a sanctioned country and are not on a sanctioned persons list. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments.
- Relationship between the parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way.
- Changes to these terms: We may change these terms (including the Oxelements License) at any time and, if we make changes, we will take reasonable steps to let our Subscribers know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. If a change we make has a material effect on you to your detriment then you may, upon demonstrating that detriment to us, cancel your Oxyelements subscription in accordance. However, if you continue to use Oxyelements after the changes are made, then you will be agreeing to the changes regardless of the amount of time which has elapsed.
- Whether a change has a material effect on you to your detriment depends on the nature of the change and your particular circumstances. For example, a change which causes you to incur increased transaction fees, or which removes an entire category of Items, could have a material effect on the amount of value you get out of Oxyelements. The removal of individual items or a minor clarifying change to the Oxyelements License will not typically have a material effect on you to your detriment.
- Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
- Applicable Laws: We control and operate Oxyelements from our office in Denmark. The laws of Copenhagen, Denmark govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.
Other license terms
- You can only use an Item for lawful purposes. Also, you can’t use an Item in connection with material which is offensive, defamatory, pornographic, obscene or demeaning, or promotes discrimination. If an Item contains an image of a person, even if the Item is model-released you can’t use it in a way that creates a fake identity, implies personal endorsement of a product by the person, or in connection with sensitive subjects.
- Items that contain digital versions of real products, trademarks or other intellectual property owned by others have not been property released. It is your responsibility to consider whether your use of these Items requires a clearance and if so, to obtain that clearance from the intellectual property rights owner.