Last Updated: August 5, 2016
These terms of service ("Terms") apply to your access and use of Xoult App (the "Service"). “We”, “our” or “us” refers to Xoult, Inc. and “you” or “your” or “User” refers to you, as the Xoult App User or delegated user. Please read them carefully.
Accepting these Terms
If you access or use the Service, it means you agree to be bound by all of the terms below. So, before you use the Service, please read all of the terms. If you don't agree to all of the terms below, please do not use the Service. Also, if a term does not make sense to you, please let us know by e-mailing firstname.lastname@example.org.
Changes to these Terms
We reserve the right to modify these Terms at any time. For instance, we may need to change these Terms if we come out with a new feature or for some other reason.
Whenever we make changes to these Terms, the changes are effective a week after we post such revised Terms (indicated by revising the date at the top of these Terms) or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button). It is your responsibility to check xoult.com for changes to these Terms.
If you continue to use the Service after the revised Terms go into effect, then you have accepted the changes to these Terms.
When you create an account or use another service to log in to the Service, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Service.
If you discover or suspect any Service security breaches, please let us know as soon as possible.
Your Content & Conduct
Our Service allows you and other users to post, archive, link and otherwise make available content (“User Content”). You are responsible for the content that you make available to the Service, including its legality, reliability, and appropriateness.
When you post, archive, link or otherwise make available content, including photos, to the Service, you grant us the right and license to use, reproduce, modify, publicly perform, publicly display and distribute your User Content on or through the Service. We may format your content for display throughout the Service, but we will not edit or revise the substance of your content itself.
Aside from our limited right to your content, you retain all of your rights to the content you post, archive, link and otherwise make available on or through the Service.
Xoult, Inc. does not share user information or content that personally identifies you (personally identifiable information is information like name or email address that can by itself be used to contact you or identifies who you are) with data, measurement or analytics partners unless you give Xoult, Inc. permission. By using the Services, however, you grant Xoult, Inc. the right to provide Xoult, Inc.’s partners, vendors and customers with information about you and your User Content as long as: (i) such information is aggregated with information about other Service users (or their content); and (ii) such information does not personally identify you.
Certain Xoult, Inc. Services that you may elect to use will require that your User Content be disclosed to third parties. If you choose to use such optional Xoult, Inc. Services, and therefore to share your User Content with others, you grant to such persons a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content.
You can remove the content that you posted by deleting it. Once you delete your User Content, it will not appear on the Service, but copies of your deleted content may remain in our system or backups for some period of time. Furthermore, Xoult, Inc. may retain and continue to use your information and User Content as long as: (i) such information is aggregated with information from other Xoult, Inc. users (or their content); and (ii) such information does not personally identify you.
You may not post, link and otherwise make available on or through the Service any of the following:
* Content that is libelous, defamatory, bigoted, fraudulent or deceptive;
* Content that is illegal or unlawful, that would otherwise create liability;
* Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party;
* Mass or repeated promotions, political campaigning or commercial messages directed at users who do not follow you (SPAM);
* Private information of any third party (e.g., addresses, phone numbers, email addresses, Social Security numbers and credit card numbers); and
* Viruses, corrupted data or other harmful, disruptive or destructive files or code.
Also, you agree that you will not do any of the following in connection with the Service or other users:
* Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service;
* Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
* Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Service;
* Create an account or post any content if you are not over 13 years of age years of age; and
* Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, users of the Service, or third parties.
Service Change, Update and/or Upgrade
Xoult, Inc. entitled to change the Service and/or its characteristics, design, scope, level of availability, in full or in part, in its sole discretion and without giving prior notice to the User. In addition, Xoult, Inc. will be allowed to release, from time to time, updated and upgrades to the Service, but will not be obligated to do so. Such upgrades and/or updates will be released automatically without prior notice to the User or actively as part of a re-installation process by the User. By giving his or her consent to use the Service in accordance with this Agreement's provisions, the User agrees that the provisions of this Agreement shall also apply to the use of the updated and/or upgraded application in accordance with this Agreement.
Xoult, Inc. Materials
We put a lot of effort into creating the Service including, the logo and all designs, text, graphics, pictures, information and other content (excluding your content). This property is owned by us or our licensors and it is protected by U.S. and international copyright laws. We grant you the right to use it.
However, unless we expressly state otherwise, your rights do not include: (i) publicly performing or publicly displaying the Service; (ii) modifying or otherwise making any derivative uses of the Service or any portion thereof; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) downloading (other than page caching) of any portion of the Service or any information contained therein; (v) reverse engineering or accessing the Service in order to build a competitive product or service; or (vi) using the Service other than for its intended purposes. If you do any of this stuff, we may terminate your use of the Service.
Hyperlinks and Third-Party Content
You may create a hyperlink to the Service. But, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.
Xoult, Inc. makes no claim or representation regarding, and accepts no responsibility for third party websites accessible by hyperlink from the Service or websites linking to the Service. When you leave the Service, you should be aware that these Terms and our policies no longer govern.
If there is any content on the Service from you and others, we don't review, verify or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.
Limitation of Liability
THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
IN NO EVENT WILL XOULT, INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID TO XOULT, INC. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.
The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws of the State of California, without regard to conflicts of law principles.
You expressly agree that exclusive jurisdiction for any dispute with the Service or relating to your use of it, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California located in San Jose in connection with any such dispute including any claim involving Service. You further agree that you and Service will not commence against the other a class action, class arbitration or other representative action or proceeding.
If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Service.
These Terms constitute the entire agreement between you and Xoult, Inc. regarding the use of the Service, superseding any prior agreements between you and Xoult, Inc. relating to your use of the Service.
Please let us know what you think of the Service, these Terms and, in general, Xoult. When you provide us with any feedback, comments or suggestions about the Service, these Terms and, in general, Xoult, you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions.
Questions & Contact Information
Questions or comments about the Service may be directed to us at the email address email@example.com.