Last revised: April, 2021
1.1 These terms (the “Terms“) govern your (“You” or “Your“) use of the websites, applications, software, plugins, features, products, and services (the “Services“) operated by Xverum LLC (“Company“, “We“, “Us” or “Our“). In addition to the Terms, the relationship between You and the Company may be subject to further agreements, instruments, rules, and conditions, which together with the Terms constitute the agreement between You and the Company in relation to Your use of the Services (or any part thereof), and they will be hereinafter referred to collectively as the “Agreement”.
1.2 These Terms should be read carefully by You in their entirety prior to Your use of the Services. If You do not agree with any provision of these Terms, You shall immediately cease using the Services. By using the Services, You agree to the Terms, as amended from time to time.
You are only entitled to use the Services, if You comply with all of the following:
2.1 If You are a natural person, You are at least 18 years old;
2.2 You have the right, authority, and capacity to enter into these Terms and to abide by all the terms and conditions of these Terms; and
2.3 You are not prohibited from using the Services pursuant to the laws of the country in which You reside or located while using the Services.
The Company makes no representations or warranties, express or implied, concerning the legality of the Services and/or of any person’s use of the Services, and shall not be responsible for any illegal use of the Services by You.
3. Prohibited activities
3.1 Without derogating from any undertaking You undertake to use the Services in a respectful manner, and You undertake not to:
3.1.1 Use the Services for the purpose of uploading, downloading, distributing, publishing, or transmitting (a) information or other material in a manner that violates any rights, including intellectual property rights, protection of privacy rights, or any other right; (b) information or other material that is prohibited for publication or use because it constitutes a threat, harm, insult, slander, defamation, racism or inappropriate content; (c) information or other material that includes a virus or other software that may damage Our computer systems or of any third parties or in a manner that may restrict or prevent others from using the Services; (d) information or other material that violates any law; or (e) information or other material that includes an advertisement of any kind without Our prior written permission;
3.1.2 delete or modify any attributions, legal notices, or other proprietary designations or labels on the Services;
3.1.3 interfere with other Users’ use of the Services;
3.1.4 use bots or other automated methods to access or use the Services;
3.1.5 upload or transmit (or attempt to upload or to transmit), without our express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, web bugs, cookies or other similar spyware devices;
3.1.6 violate any applicable laws or regulations, encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking, or distribution of counterfeit software;
3.1.7 make any changes and/or interfere in any way in the source code of the Services and upload any software and/or application that may harm or cause damage to Us, the Services, or any other third party;
3.1.8 disassemble, decompile or otherwise reverse engineer any software or other technology included in, or used to provide, the Services.
3.2 You acknowledge that without prejudice to any other right of Ours, in case that We are concerned that Your use of the Services does not comply with the provisions of these Terms, the Agreement or any applicable law, We may track Your use of the Services, prevent You from accessing the Services, transfer Your behavior patterns of the Services to third parties, and any other action that We may deem appropriate to protect our property and/or rights and/or rights of third parties.
4. Intellectual property rights
4.1 Notwithstanding anything to the contrary in the Agreement, all rights, title, and interest in and to the Services are exclusively owned by Company and/or its licensors, including any and all related documentation, component, or other information delivered therein.
4.2 As between You and Us, We retain all right, title, and interest in and to the Services. The use of the Services does not confer on You any of the intellectual property rights embodied in the Services, other than the right to use the Services in accordance with the terms of the Agreement.
4.3 You shall not, nor shall You allow any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Services pursuant to the Agreement or otherwise exploit any of the contents of the Services without Our explicit, prior written permission.
5. Limitation of liability
5.1 Your use of the Services shall be at Your sole risk. To the fullest extent permitted by law and except as explicitly specified in the Agreement, We disclaim all warranties, explicit or implied, in connection with the Services and Your use thereof including implied warranties of merchantability, title, fitness for a particular purpose, or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. Accordingly, the Services, including all content and functions made available on or accessed through or sent as part of the Services, are provided “as is,” “as available,” and “with all faults” basis.
5.2 Without derogating from the generality of the foregoing and except as explicitly provided by the Agreement, We assume no liability or responsibility for any (a) errors, mistakes, or inaccuracies of any content included in the Services; (b) any interruption or cessation of transmission to or from the Services; or (c) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party.
5.3 In no event will We be liable to You or any third party for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any lost profits or lost data arising from Your use of the Services or other materials on, accessed through or downloaded as part of the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not We have been advised of the possibility of these damages. In any event, in cases where judicial authority finds Us liable, Our liability shall not exceed the total amount of fees actually paid by You during the six (6) months preceding any claim under which such liability shall arise, or 500 USD, in case that the Services in connection with which the claim has been raised are not provided for a fee (including but not limited to Our websites). The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
5.4 You specifically acknowledge that We shall not be liable for any defamatory, offensive, or illegal conduct by any third party and that the risk of harm or damage from the foregoing rests entirely with You.
5.5 We are not responsible for any problems or technical malfunction of any telephone or network lines, computer online systems, servers or providers, hardware, software, failure due to technical problems or traffic congestion on the internet (or inaccessibility of the internet) or incompatibility between the Services and Your browser, operating system and/or other equipment. Without derogating from the above, We do not assume any responsibility or risk for Your use of the internet.
6. Third-party services or content
6.1 While using the Services, You may view content or services provided by third parties.
6.2 We do not control, endorse or adopt such content or services, and it may not always be accurate or current.
6.3 Accordingly, We recommend that You independently verify all information before relying on it, and any decisions or actions taken based upon such information are Your sole responsibility.
7.1 The Services may contain links, content, advertisements, promotions, logos, and other materials to websites or software that are controlled or offered by third parties (the “Links”). We caution You to ensure that You understand the risks involved in using such websites, software or materials before retrieving, using, relying upon, or purchasing anything via these websites or software or based on such materials. Such Links are provided solely for Your convenience, and You agree that under no circumstances will You hold Us liable for any loss or damage caused by the use of or reliance on any content, goods, or services available on other websites or software.
7.2 The inclusion of Links as part of the Services is not an endorsement, authorization, sponsorship, affiliation, or any other connection between Us or those websites, software, or their operators.
8.1 The Company reserves its rights to restrict or limit the Services to certain States or geographic areas and You will have no legal or contractual rights unless otherwise agreed, in writing.
8.2 Nothing in these Terms reduces Your obligations under the Agreement or applicable law in relation to Your use of the Services, or permits You to use the Services in a manner which is not explicitly authorized by the Agreement.
8.3 With regard to the subject matter of these Terms, in the event of inconsistencies between the provisions of these Terms and the Agreement, the provisions of the Agreement shall prevail.
8.4 Except as explicitly provided under the Agreement, We may, at Our sole discretion, amend, modify, or discontinue, from time to time, any of the Services and/or introduce new services. We shall not be liable for any loss suffered by You resulting from any such changes made and You shall have no claims against Us in such regard.
8.5 We may modify these Terms from time to time. When We do, We will provide notice to You by publishing the most current version and revising the date at the top of this page and any modifications shall be effective immediately upon such publication. By continuing to use the Services after any changes come into effect, You are deemed to agree to the revised Terms.
8.6 You agree that transmission of information to or as part of the Services does not create between You and Us any relationship that deviates from those specified in the Agreement.
8.8 No failure or delay on Our part in exercising any right, power or remedy thereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy.
8.9 If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision shall be excluded from these Terms and the remainder of these Terms shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its terms; provided, however, that in such event these Terms shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
8.10 We may transfer or assign any and all of Our rights and obligations hereunder to any third party; You may not transfer, assign or pledge in any manner whatsoever any of Your rights or obligations under these Terms.