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Introduction

These terms and conditions ("Agreement") set forth the general terms and conditions of your use of the Xonix Development ("Server" or "Service" or “Assets” or “Products” or “Website”) and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and this Website and Server operator ("Operator", "we", "us" or "our"). By accessing and using the Server, Website, Products, Assets and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Server, Website and Services. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Server, Website, Products, Assets and Services.

Users policy

Accounts and membership

You must be at least 13 years of age to join the Server, create an website account and access any of the Services. By using the Server, Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 13 years of age. If you join the Server, Website or access any of the Services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new members before you may join and start using the Services. Providing false contact information of any kind may result in the termination of your membership and account. You must immediately notify us of any unauthorized uses of your account or services relating to your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, ban, or kick your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we ban your account for the foregoing reasons, you may not re-register for our Website, Services or re-join our server. We may block your discord id, ip addresse or leave web cookies to prevent further access.

User content

We do not own any data, information, or material (collectively, "Content") that you submit on the Website, Server in the course of using the Website, Server, or Services. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content on the Website or Server submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display, and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in or on our Website, Server or Services for commercial, marketing, or any similar purpose.

Links to other resources

Although the Website, Server and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase an item, the Operator will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Server and or Services. Your linking to any other off-site resources is at your own risk.

Payment policy

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of proof of funds and or your valid government-issued photo identification. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same PayPal, and/or credit card or debit card, as well as orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/ user account provided at the time the order was made.

Accuracy of information

Occasionally there may be information on the Website, Server that contains typographical errors, inaccuracies, or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Server or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information on the Website, Server including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website, Server or Services has been modified or updated.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Ontario, Canada without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Canada. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Ontario, Canada, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Refund policy

Since Xonix Development and its Server, Website and Services offers non-tangible, irrevocable goods we do not provide refunds after the product is purchased, which you acknowledge prior to purchasing any product on the Website. Please make sure that you've carefully read the product description and our Terms and Conditions before making a purchase.

Assignment

You may not assign, resell, sub-license or otherwise transfer, redistribute or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. You may not assign, resell, sub-license or otherwise transfer, redistribute or delegate any products, services or assets purchased, subscribed or available on our Servers, Website or through Services. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Use Policy

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website, Server and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website, Server and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website, Server and Services for violating any of the prohibited uses.

Intellectual property rights

"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics, and logos used in connection with the Server, Website and Services are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Server, Website and Services may be the trademarks of other third parties. Your use of the Server, Website and Services grants you no right or license to reproduce or otherwise use any of the Operator or third-party trademarks.

Disclaimer of warranty

You agree that such Service, Product or Asset is provided on an "as is" and "as available" basis and that your use of the Server, Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services, Products or Assets will meet your requirements, or that the Service, Product, or Asset will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service, Product or Asset or as to the accuracy or reliability of any information obtained through the Service, Product or Asset or that defects in the Service, Product or Assetwill be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service, Product or Asset is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service, Website or Server or any transactions entered into through the Service, Website or Server unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service, Website or Server shall create any warranty not expressly made herein.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Policy terms

Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Server, Website, Products, Assets and Services at any time, effective upon posting of an updated version of this Agreement on the Server, or Website. When we do, we will post a notification on the main page of the Server. Continued use of the Server, Website and or Products, Assets and Services after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Server, Website, Products, Assets and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Server, Website, Products Assets and Services.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to [email protected] or contact an Admin or Owner of the Server

Specific Services

Resource Manager

This Fivem Resource must be installed on every Customer’s FiveM server in order to use the products and assets sold on this site. Services, Assets or Products not using our Resource Manager Whitelist Resource will be stated in their respective product descriptions. The Resource Manager Whitelist System is similar to Fivem’s escrow system. The Resource will verify Product License Keys and add purchased Resources to the users Fivem Server automatically. For additional information or inquiries about our whitelist system please feel free to contact us.

This document was last updated on March 16, 2020