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Terms of Use

Last updated on December 13th, 2017

Access to and use of www.gomage.com by You (hereinafter referred to as “Website”), as well as templates and/or modules (hereinafter referred to as “Software”), and services (hereinafter referred to as “Services”) are governed by conditions of this agreement which are legally binding for You and ECOMBIX Oy (hereinafter referred to as “Owner”), located at c/o Streamex, Malminkaari 5, 00700, Helsinki, Finland. The conditions are as follows:

1.General conditions

  • 1.1. All terms and conditions will be enforceable immediately following Your first use of www.gomage.com. By not agreeing to the terms and conditions, You may not legally use the Website or Software or related Services.
  • 1.2. When visiting the Website, you agree not to repost, transfer or receive any materials for which you have not been licensed to use, repost or transmit. Failure to comply could entail legislative infringement in Finland or any other country including international provisions for copyright infringement.

2.Using Website, Software, and Services

  • 2.1. You may be required to provide personal information in order to access the Software available through www.gomage.com. You agree that all information provided is authentic, true and accurate to the best of your knowledge and that all information will be kept up-to-date during the term of your licensing agreement.
  • 2.2. You agree to only use the Software within the conditions set forth in the License Agreement.
  • 2.3.You agree to refrain from or take part in any impending or infringing activity directed toward the Website www.gomage.com or any of its related servers or networks.
  • 2.4. You agree to not reproduce, duplicate, copy, sell, exchange, rent, sublicense, or resell the Software or Services related hereto regardless of the purpose, unless you have specifically been granted permission from the Owner with a separate agreement.

3.Password and Log-In

  • 3.1. You agree to take personal responsibility for all confidential passwords related to Your login for www.gomage.com access.
  • 3.2. You agree to take full responsibility from the Owner for all actions performed by You regarding Your account.
    OWNER IS NEITHER RESPONSIBLE FOR ANY INCONSISTENCY WITH YOUR INFORMATION NOR ACCOUNTABLE FOR ANY UNLAWFUL ACCESS TO YOUR ACCOUNT.
  • 3.3. If You become aware that someone has unlawfully utilized Your account through unauthorized use of password or log in information, you agree to notify the Owner immediately.

4.Confidentiality

We respect the confidentiality of our clients and protect the information they provide to us. Please read our Policy for more information on how we protect Your information: https://www.gomage.com/privacy-policy/.

5.Intellectual Property

  • 5.1. You acknowledge and agree to the Owner’s possession of all legal rights including property rights and ownership rights related to the Services, including all the rights for intellectual property regarding the Software (regardless of whether they are registered or not, nor what countries they are approved in). You also agree to and acknowledge the logo “GOMAGE” and its brand to be Trademarks of GoMage.com protected by laws and international agreements about copyrights and other rights for intellectual property.
  • 5.2. You agree not to use brands, logos, and/or domains connected to “GOMAGE” unless the proper written permission has been granted by the Owner.
  • 5.3. Any Software You have bought and/or loaded form www.gomage.com Website is governed exclusively by the conditions of License Agreement. Any use or distribution of the Software not expressly granted in the License Agreement is prohibited by legislation.
  • 5.4. The Owner does not grant You certain or assumed rights for any patents, copyrights, brands, commercials or confidential information except cases mentioned in the Article.

Claims of copyright or other intellectual property infringement should be sent to GoMage’s Copyright Agent by mail or email as follows:

By Mail: ECOMBIX Oy, c/o Streamex, Malminkaari 5, 00700, Helsinki, Finland, +358 9-424-505-31
By Email: support@gomage.com.

  • 5.5. The Owner does not make any claims to the intellectual property rights in relation to any third parties’ intellectual property (e.g., logos, trade names, and registered trademarks). Any trademarks displayed on the Website are provided for informational purposes only and do not imply any affiliation of the Owner with the proprietors of those trademarks.

6.Guarantee Release and Responsibility Restriction

  • 6.1. All the information contained on the www.gomage.com Website is provided as is. All material or Software obtained by You through the www.gomage.com Website is used under Your responsibility and risk.
  • 6.2.

    The Owner has been released from any responsibility for and gives no guarantee for:

    • The Software to be in compliance with Your requirements;
    • Any information obtained by You as a result of Software use to be kept confidential and safe. Confidential and saved information obtained by You as a result of using the Software.
    • Defects in operating or functional features of any Software obtained by You from www.gomage.com Website to be settled.
  • 6.3. GoMage.com does not assume responsibility for any loss, moral damage or profit loss incurred by You, or for information saved connected with the use of the Software or Services even when prior notification is sent by You or a third party.

THE HIGHEST LEVEL STIPULATED BY THE LEGISLATION IS APPLIED TO THE AGREEMENT AND EXCEPTING CASES STIPULATED BY THE GUARANTEE, THE OWNER IS RELEASED OF ANY RESPONSIBILITY TO YOU FOR ANY LOSS, MORAL OR ANY DAMAGE, ANY PROFIT LOSS, ANY INFORMATION LOSS CONNECTED WITH USING OF OR IMPOSSIBILITY TO USE THE SOFTWARE, EVEN IN CASES OF PRIOR NOTIFICATION SUBMITTED BY YOU ABOUT THE POSSIBILITY OF SUCH A DAMAGE OR BY CLAIM OF ANY THIRD PARTY. IN ANY CASE THE RESPONSIBILITY OF THE OWNER CONCERNING ANY PROVISION OF THE LICENSE IS RESTRICTED BY THE AMOUNT ACTUALLY PAID BY YOU TO THE OWNER FOR THE SOFTWARE. THE PRESENT RESTRICTION IS NOT APPLICABLE REGARDING THE RESPONSIBILITY WHICH CAN NOT BE EXCLUDED OR RESTRICTED AS PER LEGISLATION.

7.Technical Steps to Conclude a Sales Contract

  • 7.1. If You would like to purchase software or services (hereinafter, collectively referred to as “Products”) through the Website, You need to add the selected Products in Your online shopping cart. This can be done by (1) visiting the webpages of the selected Products, (2) choosing the preferred features of the Products, and (3) clicking on the “Add to Cart” button. After You add the Products which you would like to purchase to the shopping cart, You need to click on the “shopping cart” icon located at the top right corner of the Website and click on the “Checkout” button. Next, You will need either to login to Your registered account or to submit Your billing and delivery information and to register a new account. The required billing and delivery information includes: (1) Your first and last name; (2) Your email address; (3) Your shipping address; and (4) a password. Afterwards, You will need to (1) choose the preferred payment method, (2) submit payment information, and (3) click on the button “Pay” and pay the price of the selected Products by using one of the Third Party Payment Processors mentioned in Section 9.
  • 7.2. After Your order is placed and the payment is executed, we will send You a confirmatory email informing you about Your order.
  • 7.3. By clicking on the button “Pay” and receiving a confirmatory email, You conclude a sales contract in English between You and the Owner on the basis of the version of these Terms applicable on the order date. After receiving Your payment, we will deliver the Products ordered by You.
  • 7.4. Correcting input errors. You will be able to identify and correct any input errors prior to clicking on the “Pay” button. If You have made any input error in Your shopping cart, please click on the “shopping cart” icon and correct Your error. If You would like to change or correct any input errors in the billing address, the shipping address, and the billing option, please (1) go to the checkout page on the Website and (2) correct the sections in which You would like to make changes.
  • 7.5. The details of Your specific contract will not be filed by us and, therefore, the specific contract will not be available to You. However, if You do require any information regarding Your order please contact us by using the contact details mentioned in Section 15.

8.Prices

  • 8.1. All prices of Products (hereinafter, referred to as the “Prices”) displayed on the Website are in Euro. The Prices do not include VAT. VAT at an applicable rate is added to the Price on the checkout page.
  • 8.2. If any delivery costs apply to the Products, such costs will be indicated after You add the Products to Your shopping cart.
  • 8.3. No additional charges will be applied by the Owner without Your express agreement.
  • 8.4. The Prices remain valid as long as they are indicated on the Website.
  • 8.5. The Owner reserves the right, at any time, to modify the Prices without a prior notice.

9.Payment

  • 9.1. The payment on the Website can be done by using PayPal or credit and debit cards supported by VISA, MasterCard, and American Express.
  • 9.2. All payments are handled by our third party payment processors: (1) Stripe, Inc. having a principle place of business at 185 Berry Street, Suite 550, San Francisco, CA 94107, the United States of America; and (2) PayPal (Europe) S.à r.l. et Cie, S.C.A. having an address at 22-24 Boulevard Royal, L-2449 Luxembourg (collectively referred to as “Third Party Payment Processors”). The official websites of the Third Party Payment Processors are https://stripe.com and https://www.paypal.com.
  • 9.3. The Third Party Payment Processors may collect from You payment information, which will allow them to make the payments requested by You. Please note that we neither store nor process Your credit/debit card information. The Third Party Payment Processors handle all the steps in the payment process on their websites, including data collection and data processing.
  • 9.4. You agree not to hold the Owner liable for payments that do not reach the correct account because You have quoted an incorrect account number or incorrect personal information. In order to execute the payment successfully, please submit carefully and accurately the payment information required by the Third Party Payment Processors.
  • 9.5. You agree that the Owner will not be liable if the Third Party Payment Processors decline or refuse Your payment.

10.Right of Withdrawal

  • 10.1. If You are a consumer (i.e., a natural person who is acting for purposes which are outside his trade, business, craft or profession), You have the right to withdraw from the sales contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which the provision of the Products starts.
  • 10.2. To exercise the right of withdrawal, You must inform the Owner of Your decision to withdraw from the sales contract by an unequivocal statement (e.g., a letter sent by post or e-mail). To meet the withdrawal deadline, it is sufficient for You to send your communication concerning Your exercise of the right of withdrawal before the withdrawal period has expired. You can use the following contact details to exercise Your rights of withdrawal:
    Address: Ecombix Oy, c/o Streamex, Malminkaari 5, 00700 Helsinki, Finland
    Email: support@gomage.com
  • 10.3. Effects of withdrawal. If You withdraw from the sales contract, the Owner will reimburse to You all payments received from You without undue delay and in any event not later than 14 days from the day on which the Owner is informed about Your decision to withdraw from the sales contract. The Owner will make the reimbursement using the same means of payment as You used for the initial transaction, unless you have expressly agreed otherwise; in any event, You will not incur any fees as a result of such reimbursement. If You requested to begin the supply of the Products (i.e., Software or Services) during the cancellation period, You shall pay us an amount, which is in proportion to what has been performed until You have communicated us Your cancellation from the sales contract, in comparison with the full coverage of the sales contract.

11.Taxation

From 1 January 2015, telecommunications, broadcasting and electronic services will always be taxed in the country where the customer belongs * – regardless of whether the customer is a business or consumer and whether the supplier based in or outside of the EU.

* For a business (taxable person) – either the country where it is registered or the country where it has fixed premises receiving the service.

* For a consumer (non-taxable person) – the country where they are registered, have their permanent address or usually live.

You can find out more information at: http://ec.europa.eu/taxation_customs/taxation/vat/how_vat_works/telecom/index_en.htm#rulesapp2015

12.Terminations of Relations with Owner

  • 12.1. The following agreement can be terminated by You or the Owner as specified below:
  • 12.2. If You wish to terminate the Agreement with the Owner, you may do so by sending written notification to the Owner at the address provided above or email at support@gomage.com provided above.
  • 12.3. Should you fail to follow the terms and conditions in the Licensing Agreement, the Owner reserves the right to terminate the Agreement immediately. You will be notified via email should the Owner exercise this right.
  • 12.4. The Owner has the right to cancel or terminate any Services provided or Software packages offered on the Website at any time and without prior notification.
  • 12.5. All rights, obligations and responsibility gained by you will not be affected by termination of present Conditions by You or the Owner.

13.Using Conditions Amendment

  • 13.1. You agree that the Owner can revise the rights and conditions aforementioned at any time by posting revisions to the Terms of Agreements at http://www.gomage.com/terms-of-use/.
  • 13.2. Any updates to the Terms of Use will go into effect the day following the update post at the Website www.gomage.com.

14.Valid Legislation

  • 14.1. Both You and the Owner agree to bring any suits before Finland court consideration only in order to resolve any legal disputes connected with the Website www.gomage.com, its Services and/or its Software.
  • 14.2. The Owner gives no guarantee for the conformance of the Website to other countries’ international legislation. By accessing www.gomage.com You take full responsibility for complying with all forms of legislation in Your country.

15.Contact details

Address: Ecombix Oy, c/o Streamex, Malminkaari 5, 00700 Helsinki, Finland

Phone numbers: +358 9-424-505-31 and +1 888-886-76-81

Email address: support@gomage.com

Contact form: https://www.gomage.com/contacts.

Business registration (Y-tunnus) number: 2841075-7

VAT number: FI28410757