TERMS AND CONDITIONS

This document contains the terms and conditions of the Services provided by us (XD Limited) through our apps and websites. Before using any of our Services, you are required to read, understand and agree to these Terms.

Your access to and/or use of any of the Services signifies that you have read, understood, and agreed to be bound by the Terms. By accessing or using any Services, you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services.

We reserve the right to change, remove, or add to the Terms, and may do so in our discretion. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.

USER CONDUCT

All content posted or otherwise submitted to the Service is the sole responsibility of the creator of the content and you acknowledge and agree that you are entirely responsible for all content that you post, or otherwise submit. We do not guarantee the accuracy, integrity or quality of such content. You understand that by using the Service you may be exposed to content that is offensive, indecent or objectionable.

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by us. By way of example, and not as a limitation, you agree not to use the Services:

  • To abuse, harass, threaten, impersonate or intimidate any person;
  • To post or transmit, or cause to be posted or transmitted, any content that are libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
  • For any purpose that is not permitted under the laws of the jurisdiction where you use the Services;
  • To post or transmit, or cause to be posted or transmitted, any content designed or intended to obtain password, account, or private information from any user;
  • To create or transmit unwanted ‘spam’ to any person or any URL;
  • To create multiple accounts for the purpose of voting for or against users’ content;
  • To post copyrighted and/or trademarked content that do not belong to you or;
  • You agree not to use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures we may use to prevent or restrict access to the Service;
  • To artificially inflate or alter vote counts, content counts, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of Services;
  • To advertise to, or solicit, any user to buy or sell any third party products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
  • To promote or sell content of another person.

To report a suspected abuse of the Service or a breach of the Terms please send written notice to us at email: hi@wearexd.com

You are solely responsible for your interactions with other users of the Service. We reserves the right, but has no obligation, to monitor disputes between you and other users.

CONTENT SUBMITTED TO THE SERVICE

By submitting content to the Service you are granting us a worldwide, non-exclusive license to use the content and are representing and warranting to us that the content is either owned or you are authorized to represent or distribute the content, and that we is free to publish, distribute and use the content as provided in these Terms without obtaining permission, consent or any license from any third party.

In consideration of our agreement to allow you to use the Services, you agree the following: You acknowledge that:

  • Any content submitted by you must be created by you;
  • By posting content to the service you grant us a non-exclusive, transferable, royalty-free, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content in connection with the Services. This license will exist for the period during which the content is posted on the service and will automatically terminate upon the removal of the content from the service;
  • The license granted to us includes the right to use content fully or partially for promotional reasons and to distribute and redistribute content to other parties, websites, authorized agents, applications, and other entities;
  • We have the right to modify, alter and amend any content as we see fit for the benefit of the service;

You represent and warrant that:

  • You are the owner or the authorized representative of the owner of all rights, including all copyrights in and to all content you submit to the service;
  • You have the full and complete authority and right to enter into this agreement and to grant to us the rights in the content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by us of the content as contemplated herein; and
  • The content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order. You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against us, all of which such rights are hereby expressly and irrevocably waived by you in favor of us.

COPYRIGHT

We respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person. We will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Service.

If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.

LINKS

The Services may provide, or third parties may provide, links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

RELEASE AND INDEMNITY

You hereby expressly and irrevocably release and forever discharge XD Limited, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You hereby agree to indemnify and hold harmless XD Limited, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using the service through your device, or (iv) any violation of any rights of a third party.

TERMINATION

We may terminate or suspend any and all Services and/or your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Upon termination of your account we may choose to remove all content posted by your on the service.

WARRANTY DISCLAIMER

YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS, (D) THE UNAVAILABILITY OF ALL OR ANY PART OF THE SITE OR THE SERVICES, (E) YOUR USE OF THE SITE OR THE SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES.

LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE PROVIDED BY LAW, NEITHER US NOR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICE, ANY FACTS OR OPINIONS APPEARING THEREON, OR THE SERVICES. WE SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, OUR SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $1.00.

YOU AND US AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF US AND ALL PARTIES TO ANY SUCH PROCEEDING.

PRIVACY POLICY

During your use of our service, we may collect certain information about your device, network and location that is relevant to the purpose of the service. This information allows us to provide you with a customized and efficient experience.

We receive and store any information you enter on our service or provide to us in any way. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features.

We receive and store certain types of information when you interact with our service, such as your actions and inputs. We and our authorized agents automatically receive and record certain data on the server logs from your browser or device including your IP address, cookie information, and the page or content you requested. We uses this data to help diagnose problems with its servers, analyze trends and administer the service.

We may collect and use information regarding the geographic location of your devices. If the location data contains your personal information, then we will treat this location data in accordance with this Policy.

We use anonymous randomly generated alphanumeric identifiers (such as “cookies” or another form of digital medium) to identify you as an individual user and link you to your account on our database. This process is automatic and no user registration or personal information is required. This identifier is stored in your browser or device, and may be synchronized and/or backed up by your operating system. We use this method to provide a personalized, yet anonymous, user experience. We also use this method to track and analyze the usage and access to our services. Some of this process may involve communication with a third party analytics service provider.

Use of camera as an input device - Our service may provide features that let you submit photos as a form of input. If you use such features, you agree to let us store and analyze the photos that you submit. We use a combination of our own technologies and third party providers to perform the necessary processing required to provide the results. No personally identifiable information or location information will be used or stored apart from what is visible on the photos themselves. Most of the processing is done automatically, however from time to time, we and/or our third party providers may employ authorized staff members to review the files and related data to improve the results of the service. Unless it is clear that you will be sharing your photos with the public, your photos will not be shared, transmitted or made available to any other third parties for any purposes other than to provide you with the features that you are using.