Terms of Service
Revised January 1, 2020
IMPORTANT—PLEASE READ THE FOLLOWING TERMS OF SERVICE (REFERENCED HEREIN AS “TOS”) BEFORE OR WHEN USING THE XSHARE WEBSITE, A XSHARE SOFTWARE, MOBILE, OR WEB APPLICATION(S), OR ANY RELATED XSHARE SERVICE(S) (referenced collectively herein as the “Xshare Solution”). XSHARE media (“Xshare”) IS WILLING TO LICENSE AND PERMIT USE OF THE XSHARE SOLUTION SUBJECT AT ALL TIMES TO AGREEMENT WITH THIS TOS. BY USING OR OTHERWISE ACCESSING THE XSHARE SOLUTION, YOU ACCEPT AND AGREE TO THIS TOS. IF YOU DO NOT AGREE TO THIS TOS, DO NOT USE THE XSHARE SOLUTION.
1. LICENSE.
1. 1.1. Xshare Solution Overview. The Xshare Solution is provided pursuant to this TOS to individual persons (and not entities) residing in the countries or regions where Xshare makes available its products and services.
2. 1.2. General Xshare Solution Grant. The Xshare Solution is made available by Xshare, and this TOS provides to you (identified herein as “you” or a “user” or with “your” (as further described below)) a personal (non-commercial), revocable, limited, non-exclusive, nontransferable, and non-sublicensable license to access and use the Xshare Solution (by you and your Authorized Users (as defined below)) conditioned on your continued compliance with this TOS. You may print and download Xshare materials and information from the Xshare Solution solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in (or that are required to be displayed with) such materials and information and that you (or your Authorized User(s)) do not further distribute or disclose such materials and information. The content layout, formatting, and features (or functionality) of and online or remote access processes for the Xshare Solution shall be as made available by Xshare in its sole discretion. You also acknowledge and agree to the following: (i) Xshare has the right to control and direct the means, manner, and method by which the Xshare Solution is provided; (ii) Xshare may, from time to time, engage independent contractors, consultants, or subcontractors to aid Xshare in providing the Xshare Solution or use thereof; and (iii) Xshare has the right to provide the Xshare Solution to others.
3. 1.3. Content Available Through the Xshare Solution. In connection with the foregoing grant to use the Xshare Solution, the Xshare Solution allows you to view or otherwise access original Xshare or third party Content. “Content” includes, but is not limited to, text, graphics, photos, sounds, audio, and videos in the form of, by way of example and not limitation, news reports, podcasts, videos, and music. The availability of such Content may change and not all Content is available in all formats. Use of the Content is subject to the license grant for the Xshare Solution, but in addition, shall remain non-transferable and may be subject to additional license grant terms set by the respective third party licensor(s). Third-party Content displayed or accessible through the Xshare Solution is protected by copyright and other intellectual property law and belongs to the respective owner(s) or licensor(s). This TOS does not grant you the right to copy (further), distribute, prepare derivative works, publicly display, or otherwise use any Content. You are expressly prohibited from engaging in or facilitating the unauthorized sharing or distribution of Content.
4. 1.4. Support. This TOS does not entitle you to any support or installation service (collectively, “Support”). Any such Support that may be made available by Xshare, in its sole discretion, shall be subject to separate terms and conditions with Xshare.
5. 1.5. Authorized User(s). Subject to any third party license restrictions for applicable Content, you may enable members of your immediate family and for whom you will be responsible (each, an “Authorized User(s)”) to access and use the Xshare Solution so long as all such use remains in compliance with this TOS. Nevertheless, you acknowledge and agree that you shall be responsible for monitoring your own and your Authorized User(s)’s use of the Xshare Solution and for maintaining compliance with this TOS and any third party license restrictions for applicable Content. Any breach of this TOS by an Authorized User(s) shall constitute a breach by you. Unless otherwise indicated, references to “you” or “your” throughout this TOS therefore mean you, your Authorized User(s), and the person or entity named on your account with Xshare.
2. LICENSE GRANT RESTRICTIONS. This TOS is only a license and not an assignment or sale. Xshare transfers no ownership or intellectual property interest or title in and to the Xshare Solution to you or anyone else. Further, Xshare reserves all rights not expressly granted by this TOS. Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense (other than to an Authorized User(s)), transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein (or by Xshare) the Xshare Solution. In particular, and without limitation of the foregoing, there is no right to distribute further the PMS Software to the public or in excess of the limited license (above). Moreover, this TOS does not grant any right to modify the PMS Software or provide a right or license in or to any third-party executable module(s) or accessible content beyond the limited and express grant herein.
3. GENERAL USER OBLIGATIONS. You represent that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through the Xshare Solution, including, without limitation, when you provide information via a Xshare Solution registration, account, or submission form. You are responsible for completing any registration(s) or account requirements for access to applicable third party Content available through the Xshare Solution. Individuals under the age of eighteen (18) (or the applicable age of majority) may utilize the Xshare Solution only with the involvement and acceptance of (this TOS by) a parent or legal guardian and then solely as an Authorized User under a parent or legal guardian’s account. You further represent that you (or the person agreeing to, accepting, or acting under this TOS) are authorized to act on behalf of the person or entity named on the account with Xshare. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Xshare Solution. In particular, you may not take any action that will infringe on the intellectual property rights of Xshare or any other third party. You acknowledge that unauthorized use of copyrighted content of others may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement. You also acknowledge and agree that use of the Internet and the Xshare Solution is solely at your own risk. You further understand that by using the Xshare Solution you may encounter content that you may find offensive, indecent, or objectionable. You assume all responsibility for obtaining and paying for all licenses and costs for third-party software and hardware necessary for access to the Xshare Solution, and for maintaining and backing-up your content and data.
4. USER CONTENT & ACCEPTABLE USE. The Xshare Solution enables you to access content, data, communication, and other interactive features and functionality (with such uploaded, downloaded, shared, or exchanged information or content referenced collectively herein as a “User Content”). Distribution of User Content may be subject to third-party rights. You agree that by using the Xshare Solution you will not upload, post, display, or transmit any of the following:
1. anything which defames, harasses, threatens, offends, or in any way violates or infringes on the rights (including, without limitation, patents, copyrights, or trademark rights) of others;
2. anything which may damage, lessen, or harm the goodwill or reputation of Xshare and its services;
3. anything which involves the impersonation of any other person or entity;
4. anything which constitutes viral or harmful programming code, files, or software;
5. anything which constitutes junk mail, spam, or unauthorized advertising; or
6. anything which is unlawful.
5. Xshare reserves the right to establish additional practices, parameters, and limits in its sole discretion concerning the display or availability of any User Content. Further, Xshare shall not have any obligation to incorporate or utilize any User Content that does not correspond to or meet Xshare’s technical or usage practices, parameters, and limits.
6. PERMISSION TO USE USER CONTENT. You continue to retain any ownership rights you have in the User Content you make available to Xshare and/or the Xshare Solution. However, by submitting or making available any type of User Content, you automatically and hereby grant to Xshare a royalty-free, transferable, sub-licensable and non-exclusive right and license to use or act on any such User Content in furtherance of and in connection with the operation of the Xshare Solution. The rights you grant are limited to the purpose of providing and operating the Xshare Solution. You specifically acknowledge that the Xshare Solution facilitates distribution of the User Content, and as a part of the foregoing grant, you permit any user with whom you share content a non-exclusive license to access and use the User Content through the Xshare Solution as permitted through the functionality of the Xshare Solution. You represent that you have all necessary rights to make the foregoing grants and to otherwise make User Content(s) available to Xshare and for (and through) the Xshare Solution.
7. ACCOUNT. You may be required to provide certain personal information necessary to create an account with Xshare. You may be required to create login credentials, such as a user name and password, or adhere to other particular access requirements as designated by Xshare in its sole discretion from time to time. You are solely responsible for the activity that occurs on your account and agree to keep your login credentials confidential and secure. You acknowledge that Xshare may not provide controls that restrict the maturity level of content available through the Xshare Solution. If you allow your child (under the age of 18 or the legal age of majority, whichever is greater) to access your Xshare account, you are solely responsible for monitoring your child’s use of the Xshare Solution and determining what maturity level is appropriate for or accessible to your child. You shall immediately notify Xshare if you suspect or become aware of any loss or theft of or unauthorized use of your access credentials.
8. SUBSCRIPTION & SALES.
1. 9.1. Subscription. Xshare subscription cost, subscription term, available trial period (if any), renewal information, and permitted payment methods will be specified at the time of order. All subscriptions are billed immediately in advance and are final unless otherwise indicated by Xshare or as may be required under applicable law. There will be no refunds or credits for partial months, upgrades/downgrades, or nonuse.
2. 9.2. Subscription Changes & Renewal. Subscription fees are subject to change (with prior notice) and shall apply to the upcoming renewal period (if any) as indicated. Such notice may be provided by email or by posting the changes to your Xshare account, the Xshare website, or through the Xshare Solution. When you enroll in any recurring subscription arrangement, you authorize Xshare to automatically charge the billing source you provided Xshare at the time you enrolled for the subscription term specified (at the time of enrollment) until the subscription ends or you cancel your enrollment. To avoid being charged for the next renewal period, you must cancel at least one (1) day prior to the end of the then-current Xshare subscription term. You may cancel by clicking here. For any change (upgrade or downgrade) in your subscription that you make or request, your fee and method of payment will be automatically adjusted and charged (as applicable) at the new rate on your next billing cycle. Downgrading your subscription may cause the loss of content, features, or capacity of your account.
3. 9.3. Payment. Xshare shall charge and you shall be responsible for payment of all taxes, tariffs, levies, or duties (except that Xshare does collect VAT in certain countries). Unless otherwise indicated by Xshare in writing, all amounts are immediately due and payable upon order (or renewal). Upon placing an order, you therefore agree to pay using the payment method indicated and grant authorization to Xshare to charge the applicable (fee) to your payment provider. All transactions, however, are void where prohibited by law and Xshare may request particular information in order to confirm the order and method of payment. Xshare also reserves the right to terminate or suspend access to the Xshare Solution if you fail to pay any amounts when due. Unless otherwise specified herein, all obligations with respect to the amounts due to Xshare under the TOS shall survive any expiration or termination of the TOS.
9. THIRD-PARTY CONTENT. Third-party content displayed or accessible through the Xshare Solution is protected by copyright and other intellectual property law and belongs to the respective owner. Use of the third-party content is subject to the terms of use of the third party providing such content. This TOS does not grant you the right to copy, distribute, prepare derivative works, publicly display, or otherwise use any third-party content. You are expressly prohibited from engaging in or facilitating the unauthorized sharing or distribution of third-party content.
10. CONFIDENTIALITY. You acknowledge and agree that the Xshare Solution contains confidential or nonpublic information that is the trade secret(s) of Xshare and/or its licensors (the “Confidential Information”). You agree to secure and protect the confidentiality of the Confidential Information of Xshare (and/or its licensors) in a manner consistent with the maintenance of Xshare’s rights therein, using at least as great a degree of care as you use to maintain the confidentiality of your own confidential information of a similar nature, but in no event using less than reasonable efforts. You shall not, nor permit any third party to, sell, transfer, publish, disclose, or otherwise make available any portion of the Confidential Information to third parties, except as expressly authorized in this TOS.
11. FEEDBACK. Xshare welcomes your feedback and suggestions about Xshare’s products or services or with respect to how to improve the Xshare Solution. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to Xshare, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Xshare and enable Xshare to use such Feedback. In addition, any Feedback received by Xshare will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license from you for Xshare to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist therein, and you hereby waive any claim to the contrary.
12. MOBILE USAGE. The Xshare Solution offers a tool(s) or display functionality that is available to you via your mobile phone or other mobile computing device (“Mobile Xshare Solution(s)”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Xshare Solution(s). In addition, downloading, installing, or using certain Mobile Xshare Solution(s) may be prohibited or restricted by your mobile carrier, and not all Mobile Xshare Solution(s) may work with all carriers or devices or in all locations. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Xshare Solution(s) are available for your mobile devices; what restrictions, if any, may be applicable to your use of the Mobile Xshare Solution(s); and how much such use will cost you. Nevertheless, your use of the Xshare Solution shall be strictly in accordance with this TOS.
13. ADDITIONAL TERMS AND CONDITIONS.Additional notices, terms, and conditions may apply to certain subscription arrangements (including sign-up or registration), Xshare products, solutions, or services, receipt of (or access to) certain content, participation in a particular program, and/or to specific portions or features of the Xshare Solution. Without limitation of the foregoing, you hereby agree that (a) this TOS operates in addition to any terms of use imposed or required by any digital download platform from which you download the Xshare Solution (“App Provider Terms”); and (b) the terms of this TOS supplement and do not alter or amend any such App Provider Terms.
14. PRIVACY POLICY. Please see Xshare’s Privacy Policy for a summary of Xshare’s personally identifiable information collection and use practices. Xshare is not responsible for your use of Interfacing Software or of and any data collection or related usage practices associated with your operation or maintenance of any Interfacing Software. You further agree that any notices, agreements, disclosures, or other communications that Xshare sends you electronically (using the contact information you provide through the Xshare Solution) will satisfy any legal communication requirements.
15. REPRESENTATION(S). You represent and warrant that (i) the person accepting this TOS has the legal authority to bind the named person on the account, and (ii) he or she has the right, power, and authority to (a) enter into this TOS, (b) make the respective and applicable representations and warranties contained herein, and (c) commit to and perform the respective duties, obligations, and covenants set forth hereunder.
16. DISCLAIMER. THE XSHARE SOLUTION IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. XSHARE MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE XSHARE SOLUTION AT ANY TIME AND FOR ANY REASON. OTHER THAN THE RIGHT TO FULFILL ITS OBLIGATIONS UNDER THIS TOS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XSHARE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF INTERFERENCE WITH ENJOYMENT OF INFORMATION, SECURITY, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, YOU ACKNOWLEDGE AND AGREE THAT XSHARE DOES NOT WARRANT THAT THE XSHARE SOLUTION WILL OPERATE FREE OF VIRUSES, MALWARE, OR HARMFUL PROGRAMMING SOFTWARE (OR CODE), ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS OR MEET ANY LEGAL, TECHNICAL, OR CERTIFICATION STANDARD. BECAUSE THE XSHARE SOLUTION IS BASED ON YOUR CONTENT AND DATA, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE XSHARE SOLUTION IS WITH YOU. IF THIS DISCLAIMER OF WARRANTY IS HELD TO BE UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION IN ANY MANNER, THEN ALL EXPRESS AND/OR IMPLIED WARRANTIES MANDATED BY SUCH COURT SHALL BE LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS FROM THE COMMENCEMENT OF THE INITIAL PERIOD FOR THE XSHARE SOLUTION AND NO WARRANTIES SHALL APPLY AFTER THIS THIRTY (30) DAY PERIOD.
17. LIMITATION OF LIABILITY. YOU EXPRESSLY ABSOLVE AND RELEASE XSHARE FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND XSHARE’S CONTROL, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE CAUSED BY HARDWARE, FILES, SYSTEMS, SOFTWARE, SERVICES, OR NETWORKS OUTSIDE THE CONTROL OF XSHARE. XSHARE IS NOT RESPONSIBLE OR LIABLE FOR YOUR OR ANY OTHER PERSON’S USE OF ANY INTERFACING SOFTWARE (OUTSIDE ITS CONTROL). MOREOVER, ALL USER CONTENT (OR OTHER DATA OR CONTENT) YOU ACCESS THROUGH THE XSHARE SOLUTION IS AT YOUR OWN RISK. IN CONNECTION THEREWITH, YOU SPECIFICALLY ACKNOWLEDGE THAT XSHARE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE (OR DELAY IN USE) OF OR FAILURE TO STORE ANY DATA OR CONTENT MADE AVAILABLE THROUGH THE XSHARE SOLUTION AND SHALL NOT BE LIABLE FOR ANY USE OF ANY USER CONTENT BY OTHERS, INCLUDING YOUR AUTHORIZED USERS. MOREOVER, IN NO EVENT SHALL XSHARE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE XSHARE SOLUTION OR WITH THE DELAY OR INABILITY TO USE THE XSHARE SOLUTION, EVEN IF XSHARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF XSHARE FOR BREACH OF THIS TOS IS CESSATION OF USE OF THE XSHARE SOLUTION AND FOR ANY OTHER REASON RELATED TO OR ARISING OUT OF YOUR USE OF THE XSHARE SOLUTION WHATSOEVER FOR AN AMOUNT NOT EXCEEDING $100 OR THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO XSHARE DURING THE PAST THREE MONTHS IN CONNECTION WITH YOUR INDIVIDUAL USE OF THE XSHARE SOLUTION, WHICHEVER IS GREATER. You and Xshare agree to only bring claims arising from this TOS on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless you and Xshare agree otherwise, more than one person’s or party’s claims may not be consolidated. You and Xshare agree that relief (including monetary, injunctive, and declaratory relief) may be awarded only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).
18. INDEMNIFICATION. You agree to indemnify, defend, and hold Xshare (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, liabilities, losses, costs, damages, expenses, and any other liabilities, including, without limitation, attorneys’ fees, arising out of or related in any manner to your breach or alleged breach of this TOS, your Interfacing Software, or for any violation or alleged violation of the rights (including, without limitation, patents, copyrights, or trademark rights) of any other person or entity by your User Content.
19. GOVERNING LAW. The Xshare Solution is controlled and operated by Xshare from its offices within the United States. This TOS has been made in and will be construed and enforced in accordance with the laws of the State of California as applied to agreements entered into and completely performed in the State of California. You access and use the Xshare Solution on your own volition and are responsible for compliance with all applicable laws with respect to your access and use of the Xshare Solution. Additionally, Xshare’s headquarters are located in the United States. Please be aware that information you provide to Xshare, or that Xshare obtains as a result of your use of the Xshare Solution, may be processed and transferred to the United States and be subject to United States law. Subject to the foregoing arbitration right, any action to enforce this TOS will be brought in the courts presiding in the Superior Court of Santa Clara County and the United States District Court for the Northern District of California, and all parties to this TOS expressly agree to be subject to the jurisdiction of such courts. You and Xshare waive trial by jury. Moreover, you may bring claims only on your own behalf. Neither you nor Xshare will participate in a class action or class-wide arbitration for any claims covered by this TOS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Xshare is a party to the proceeding.
20. COMMUNICATIONS AND NOTICE. Any communication(s) or notice (and any related materials or information) to be sent pursuant to this TOS shall be in the English language and shall be deemed provided: (a) upon receipt if by personal delivery; (b) upon receipt if sent by certified or registered U.S. Mail (return receipt requested); (c) one day after it is sent if by next-day delivery by a major commercial delivery service; or (d) with respect to termination of this TOS or for information applicable generally to end users of the Xshare Solution, to the email address designated by you.
21. ENFORCING SECURITY. You may not use the Xshare Solution or any of Xshare’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including, without limitation, accessing or using Xshare data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of a Xshare system or network, circumventing any Xshare security or authentication measures, monitoring Xshare data or traffic, interfering with any Xshare services, collecting or using from the Xshare Solution email addresses, screen names, or other identifiers, collecting or using from the Xshare Solution information without the consent of the owner or licensor, using any false, misleading, or deceptive TCP-IP packet header information, using the Xshare Solution to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that it likely to result in retaliation against Xshare or its data, systems, or network. Actual or attempted unauthorized use of the Xshare Solution may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Xshare reserves the right to view, monitor, and record activity through the Xshare Solution without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity through the Xshare Solution as well as to disclosures required by or under applicable law or related government agency actions. Xshare will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, Xshare reserves the right to, at any time and without notice, modify, update, suspend, terminate, or interrupt operation of or access to the Xshare Solution, or any portion of the Xshare Solution in order to protect the Xshare Solution or Xshare.
22. INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this TOS, including, without limitation, with respect to unauthorized use of Xshare proprietary assets, will cause irreparable injury to Xshare, such injury would not be quantifiable in monetary damages, and Xshare would not have an adequate remedy at law. You therefore agree that Xshare shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOS. Accordingly, you hereby waive any requirement that Xshare post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Xshare to enforce any provision of this TOS.
23. TERM AND TERMINATION. This TOS will take effect (or re-take effect) at the (and each) time you begin installing, accessing, or using the Xshare Solution, WHICHEVER IS EARLIEST, and is effective until terminated as set forth below. Xshare reserves the right to terminate this TOS at any time on reasonable grounds, which shall specifically include, without limitation, discontinuation of the Xshare Solution (or related services) as an offering of the Xshare business, nonpayment, termination of account, fraudulent or unlawful activity, or actions or omissions that violate this TOS, subject to the survival rights of certain provisions identified below. In addition, Xshare shall have the right to take appropriate administrative and/or legal action in the event of breach or (alleged) criminal activity, including alerting legal authorities, as it deems necessary in its sole discretion. You may also terminate this TOS at any time by providing Xshare with notice of cancellation, but all applicable provisions of this TOS will survive termination, as identified below. You may close your account by clicking here. Upon termination and in accordance with law, your right to access and use the Xshare Solution shall cease (regardless of the subscription period) and you must immediately destroy all copies of any aspect of the Xshare Solution in your possession. Termination shall result in deactivation or deletion of your account with Xshare. The provisions concerning Content, License Grant Restrictions, Proprietary Rights, Permission to Use User Content, Proprietary Rights, Feedback, Confidentiality, Additional Terms and Conditions, Disclaimer of Warranty, Limitation of Liability, Indemnification (for a period of one year after termination), Arbitration, Governing Law, Enforcing Security, Injunctive Relief, Term and Termination, Waiver & Severability, and Entire Agreement will survive the termination of this TOS for any reason. Further, Xshare shall not be responsible for any damage that may result or arise out of termination of this TOS.
24. WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver of any subsequent default or failure of performance. No waiver by Xshare of any right under this TOS will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable, provision that most clearly matches the intent of the original provision and the remainder of this TOS shall continue in effect.
25. ENTIRE AGREEMENT. No joint venture, partnership, employment, or agency relationship exists between you and Xshare as a result of this TOS or your utilization of the Xshare Solution, and you do not have any authority of any kind to bind Xshare in any respect whatsoever. This TOS represents the entire agreement between you and Xshare with respect to your individual use of the Xshare Solution. This TOS is not assignable, transferable, or sub-licensable by you except with Xshare’s prior written consent. Xshare may transfer, assign, or delegate this TOS and its rights and obligations without consent. Please note that Xshare reserves the right to change the terms and conditions of this TOS and the terms and conditions under which the Xshare Solution and its offerings are extended to you by posting online a revised TOS or mailing and/or e-mailing notice thereof to you. In addition, Xshare may add, modify, or delete any aspect, program, functionality, or feature of the Xshare Solution. Your continued use of the Xshare Solution following any addition, modification, or deletion will be conclusively deemed acceptance of any change to the terms and conditions of this TOS. Accordingly, please review this TOS found at this location on a periodic basis.
26. CONTACT INFORMATION. If you have questions regarding the Xshare Solution or if you are interested in obtaining more information concerning Xshare or its products, services, or solutions, please contact Xshare.
Copyright © 2021 Xshare
Language: English (US)
terms-of-servicecos0032023-12-18T02:35:18+08:00