Ganxy

Ganxy Consumer Terms Of Service

The following describes the terms and conditions that Ganxy requires you to comply with when accessing and using the ganxy.com website, our products, services, and any applications and other features that we make available. These terms and conditions apply to users of Ganxy who have a consumer account, which is the type of account that can be used to buy and access digital content through the Ganxy service.

Summary

Here is a summary of some key points about our terms of service:

  • Any content that you purchase through Ganxy is for your own personal use and may not be shared with others, unless otherwise stated by us or the content provider from whom you purchased the content. You may not resell content that you have purchased to others.
  • Any information that you provide to us is subject to our Ganxy Consumer Privacy Policy (https://ganxy.com/legal-agreements/consumer-privacy-policy), which governs our collection and use of your information.
  • Content provider websites are operated by the respective content providers and we are not responsible for any content that originates from such a website, even when that content is accessed through a Ganxy widget or our website.
  • You are responsible for any activity that occurs under your account, and you are responsible for safeguarding your user name and password.
  • You must be eighteen (18) years of age or older to use Ganxy.
  • If we determine that you have violated any of the terms and conditions of these terms of service or in other agreements that may be associated with your use of the service, we reserve the right to terminate your access to and use of the service.
  • We are extraordinarily responsive to your feedback, questions, and concerns, and we welcome you to email us anytime at help@ganxy.com.

The contents of this “Summary” section represent some highlights of the fully-detailed terms of service described below and are for convenience only and have no legal or contractual effect. We encourage you to read the full details below to gain a complete understanding of our terms of service.

Full Details

The following describes the terms and conditions that Ganxy, Inc. (“Ganxy,” “we,” “us,” or “our”) requires you to comply with when accessing and using the ganxy.com website (the “Website”), the Ganxy Widget (as described below), the Ganxy Service (as described below), and any applications and other features that are available through the Website (collectively, the “Service”), for the purpose of buying and accessing digital content.

The “Ganxy Widget” is a software product owned by Ganxy that is installable in HTML web pages and that facilitates the service of buying and managing access to digital content. The “Ganxy Service” means Ganxy’s content retail and delivery service.

The Ganxy Widget appears on third-party websites that use the Ganxy Service (such third-party websites are operated by entities that shall be referred to as “Content Providers”). Your access and use of the Ganxy Widget on those Content Provider websites is governed by the following terms. The Service contains digital content in the form of data, text, images, video, sound, software, games, and other materials (“Content”) that is available for purchase, and the following terms shall govern your use of that Content.

By accessing and using the Service, you agree to be bound to the following terms and conditions (the “Agreement”). If you do not agree with these terms and conditions, you may not use the Service.

License

Ganxy hereby licenses, subject to the terms and conditions of this Agreement, a non-exclusive, non-sublicensable, non-assignable, fully revocable license to you for buying and accessing content through the Service and for no other purpose.

Buying Content

Ganxy enables you to purchase access to Content through the Service and on Content Provider websites by using numerous payment methods, including but not limited to a credit card, a PayPal account, or an Amazon account. Such payment methods may not be directly processed by Ganxy.

Any Content that you purchase is for your own personal use and may not be shared with others, unless otherwise stated by us or the Content Provider from whom you purchased the Content. You may not resell Content that you have purchased to others. Content is generally available for purchase worldwide, unless a Content Provider requests to apply geographic restrictions to where their Content can be sold.

Refund Policy

Refunds are available when the following three things have taken place:

  1. You have experienced a problem downloading an item that you purchased through Ganxy
  2. You have notified us about the problem
  3. We were not able to resolve the problem in a timely manner after you had notified us about it

If you experience a problem downloading a purchased item, email us at help@ganxy.com and we will respond quickly to resolve it. If we are unable to resolve it within 72 hours of being notified (“a timely manner”), you will be eligible for a refund. Most issues can be resolved within 24 hours, and we encourage you to email us as soon as you experience a problem to ensure that it is resolved as quickly as possible.

Passwords

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use a password that contains a combination of letters, numbers, and symbols. You agree that we cannot be liable for any loss or damage arising from your failure to comply with the above requirements.

Privacy

Any information that you provide to us is subject to our Ganxy Consumer Privacy Policy (https://ganxy.com/legal-agreements/consumer-privacy-policy), which governs our collection and use of your information. You understand that through your use of the Service, you consent to the collection and use of this information, as set forth in the Ganxy Consumer Privacy Policy.

As part of providing the Service to you, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service and your Ganxy account, and you may not be able to opt out from receiving them.

We respect the intellectual property rights of others and expect users of the Service to do the same. You must have the right to use any and all content that you use on the Service. Any content that is found to not fall within your rights is subject to removal, and we cannot be held liable for such an offense.

We will respond to notices of alleged copyright infringement that comply with applicable law and that are properly provided to us pursuant to the Digital Millennium Copyright Act and in accordance with the descriptions in our Ganxy Copyright Policy (https://ganxy.com/legal-agreements/copyright-policy).

This Website may contain links to third-party websites. Your access and use of such third-party websites shall be governed by the terms, conditions, and policies of those websites. You agree that we are not responsible or liable for (i) the accuracy or availability of those websites; or (ii) the content, advertisements, products, or services on or available from those websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.

Content Provider Websites

Content Provider websites are operated by the respective Content Providers and we are not responsible for any Content that originates from such a website, even when that Content is accessed through a Ganxy Widget or this Website. We reserve the right to block access to or remove Content that we determine, in our sole discretion, to be unlawful, obscene, defamatory, indecent, harassing, threatening, invasive of privacy, infringing of intellectual property rights, or otherwise unacceptable to us in accordance with the normal standards of the Service.

Proprietary Rights

We shall have all right, title, and interest in and to the Ganxy Widget, our domain names, logos, trademarks, and other marks, and any and all of our intellectual property and derivative works thereto, and you shall acquire no rights therein.

Representations and Warranties

You represent and warrant that (i) you have the right to enter into this Agreement and perform your obligations hereunder in the manner contemplated by this Agreement; (ii) this Agreement shall not conflict with any other agreement entered into by you; and (iii) any you are eighteen (18) years of age or older. You shall indemnify, defend and hold us, our officers, directors, employees, agents, and assignees harmless against all liabilities, costs and expenses (including reasonable attorneys’ fees) incurred by us that arise out of any claim asserted by a third party that involves, relates to or concerns a breach by you of (a) any of your representations, warranties, or covenants under this Agreement, or (b) the infringement by you of any copyright, trademark, patent, or other personal or proprietary right of a third party.

Disclaimer of Warranty:

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE MAKE, AND WE HEREBY SPECIFICALLY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, CONTENT OFFERED THROUGH THE SERVICE OR ON A CONTENT PROVIDER’S WEBSITE, OR INFORMATION THEREON OR OTHERWISE RELATING TO THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE UNINTERRUPTED OR ERROR-FREE.

Limitation of Liability:

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM ANY PROVISION OF THIS AGREEMENT. THESE LIMITATIONS INCLUDE BUT ARE NOT LIMITED TO CONTENT THAT IS OFFERED THROUGH THE SERVICE OR ON A CONTENT PROVIDER’S WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE.

Exclusions:

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for certain damages, so only the limitations above that are lawful in your jurisdiction will apply to you.

Violation and Termination

If we determine that you have violated any of the terms in this Agreement or in other agreements that may be associated with your use of the Service, we may, in our sole discretion and without prior notice, terminate your access to and use of the Service.

Entire Agreement

This Agreement contains the entire understanding between you and Ganxy relating to its subject matter and supersedes all prior or contemporaneous written or oral agreements, representations, understandings and/or discussions between you and us relating thereto.

If any provision of this Agreement or its application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of the Agreement, or the application of such provision in other circumstances, shall not be affected thereby, and each provision shall be valid and enforced to the fullest extent permitted by law.

This Agreement shall be governed by and construed under the laws, and only in the state and federal courts of the State of New York. You agree to waive any objections to the jurisdiction or venue of such courts.

The Service is controlled and operated by Ganxy in the United States, and we do not represent that materials of the Service are appropriate or available for use in other locations. Persons who choose to access the Service from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

The section titles in this Agreement are for convenience of reference only and shall have no legal or contractual effect.

Modifications

Technologies, rules, and regulations change often, so we must make modifications occasionally (like most companies) to reflect these changes. We may change, modify, add, or remove any of the terms and conditions contained in this Agreement at any time and in our sole discretion. If a change, in our sole discretion, is significant, we shall send written notice to you by email or by posting a notice to the Ganxy.com user interface that you would see when logged in to your account, and the change shall become effective five business days after written notice has been sent. Your continued use of the Service following the sending of a notice will constitute your binding acceptance of the change. Notices will be deemed sent after having been sent by email or having been posted to the Ganxy.com user interface. You consent to receive notices by email to the email address that is associated with your account, and you agree that any such notices that we send to you electronically will satisfy any legal communication requirements.

Contacting Us

If you have any questions or concerns regarding the terms of this Agreement, please contact us in writing at help@ganxy.com.