These terms of service (“TOS”) apply between you and XSA Software ("XSA”) regarding your use of XSA´s products, games, mobile applications and related services ("Services").
3. Code of conduct
You agree that you will not, under any circumstances:
4. Third Party Services
Services may include links to third party services (including without limitation advertisements served by third parties) and/or the third party services may be made available to you via Services. These services may include, but are not limited to gameplay recording and sharing, social media connectivity and advertisements. These services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider and to which XSA is not a party to.
5. Accounts and Login Information
Certain elements of the Services may enable you to create an account or otherwise register with the Services (“Account”). You may be required to select a password for your Account or you may also use other credentials to access the Account ("Login Information"). You agree that you will not give your Login Information details to anyone else or allow anyone else to use your Login Information or Account. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases. XSA is entitled to assume that anyone logging into your Account using your Login Information is either you or someone logging in with your permission.
XSA reserves the right to delete your Account if XSA observes no activity by you in relation to the Account for 180 or more days. In such event, you may no longer be able to access and/or use any Virtual Items associated with that Account and no refund will be offered to you.
6. User Contributions
The Services may allow you to create content, including but not limited to gameplay maps, characters, screenshots or a video of your gameplay (together “User Contributions”).
In exchange for use of the Services, you hereby grant XSA a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Contributions in any way and for any purpose including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your User Contributions without any further notice or compensation to you of any kind.
If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to XSA's and other players' use and enjoyment of your User Contributions in connection with the Services and related goods and services under applicable law. This license grant to XSA, and the above waiver of any applicable moral rights, survives any termination of these TOS.
XSA do not accept or consider unsolicited idea or product submissions of any kind (e.g. game or other product ideas, stories, screenplays, artwork, musical or audiovisual works, concepts or any other creative materials) in any format, by means of any transmission (“Unsolicited Content”). Please do not submit any Unsolicited Content to XSA. If you, however, submit us with Unsolicited Content, you agree that such Unsolicited Content will not be treated as confidential, regardless of what you state in your accompanying message or otherwise. You further agree that such Unsolicited Content may be used and exploited by XSA without compensation to you or any third party and you grant XSA a perpetual, non-exclusive, irrevocable, fully paid, royalty free, sub-licensable and transferable (in whole or in part) worldwide license to use, exploit, reproduce, transmit, amend, display and exhibit Unsolicited Content in all media now known or hereinafter invented for any purpose and create derivative works based upon the Unsolicited Content.
7. Communications between users of the Services
XSA assumes no responsibility for the conduct of any other users of the Services and assumes no responsibility for monitoring the Services for inappropriate content or conduct. XSA does not, and cannot, pre-screen or monitor all content or conduct of other users. Your use of the Services is at your own risk.
By using the Services, you may be exposed to content or conduct that is offensive, indecent or otherwise not in line with your expectations. XSA may utilize technology may monitor and/or record your interaction with the Services or communications (including without limitation chat text) when you are using the Services. You irrevocable consent to such monitoring and recording. Subject to mandatory legislation, you agree that you have no expectation of privacy concerning the transmission of any content within the Services, including without limitation chat text or voice communications.
XSA reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any content made available by users of the Service without notice for any reason or for no reason at any time. If at any time XSA chooses, in its sole discretion, to monitor the Services, XSA nonetheless assumes no responsibility for content made available by users of the Services and XSA assumes no obligation to modify or remove any inappropriate content.
8. Binding arbitration / Class waiver
XSA also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys' fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys' fees and expenses.
The arbitration may be conducted in Los Angeles, California or, upon your request, in the city closest to you location where AAA maintains an office. The arbitrator's award shall be final and binding on you and XSA and may be entered as a judgment in any court of competent jurisdiction.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at www.adr.org.
As an exception to the binding arbitration rule, to the extent the Dispute arises from:
To the extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise. You and XSA agree that there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures, there is no right or authority for any dispute to be brought in a purported representative capacity or as a private attorney general, and no arbitration shall be joined with any other arbitration.
You may opt out of this obligation to arbitrate. If you do so, neither you nor XSA can require the other to participate in an arbitration proceeding. To opt out, you must notify XSA in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out: email@example.com. You must include your name and residence address and a clear statement that you want to opt out of this arbitration clause.
To begin an arbitration proceeding, you must send a letter to: firstname.lastname@example.org requesting arbitration and describing your claim.
XSA will provide 30-days’ notice of any changes to this Section “Binding arbitration/ Class waiver” through the Services or via other similar means. Changes will become effective on the 30th day and will apply prospectively only to any claims arising after the 30th day.
9. Suspension and Termination for your breach
Without limiting any other remedies available to XSA, if XSA believes that you are in breach of these TOS, XSA reserves the right to take any of the following actions, whether individually or in combination, and either with or without notice to you: (i) delete, suspend and/or modify your Account or parts of your Account; (ii) limit, suspend and/or terminate your access to the Services; (iii) modify and/or remove any of your Virtual Items; (iv) reset and/or modify any game progression or benefits and privileges associated with you, such as any level or score you have reached in the Services.
10. Availability of the Services
XSA may limit, suspend or terminate the Services or portions thereof, and take technical and legal steps to prevent users from accessing the Services if XSA believes that they are creating risk or possible legal liabilities, infringing intellectual property rights of third parties, or acting inconsistently with the letter or spirit of these TOS.
XSA reserves the right to stop offering and/or supporting the Services or a part thereof (e.g. a game or a feature of a game) at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such event and unless mandated by applicable law, XSA is not required to provide refunds for Virtual Items other items in connection with such discontinued Services.
11. Disclaimer of Warranties
To the fullest extent permissible under applicable law, the Services are provided to you “AS IS,” with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. XSA does not make, and hereby disclaim, any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including but not limited to location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third party rights, and warranties (if any) arising from a course of dealing, usage, or trade practice. XSA does not warrant against interference with your enjoyment of the Services; that the Services will meet your requirements; that operation of the Services will be uninterrupted or error-free, or that the Services will interoperate or be compatible with any other services or that any errors in the Services will be corrected. No oral or written advice provided by XSA or its employees or other representatives create a warranty.
Some jurisdictions do not allow the exclusion of certain warranties as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions of warranty shall apply only to the extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in these TOS will prejudice the statutory rights that you may have as a consumer of the Services.
12. Limitations of liability
In no event will XSA liable for special, incidental or consequential damages resulting from access, use or malfunction of the Services, including but not limited to, damages to property, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to these TOS or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not XSA has been advised of the possibility of such damages. For purposes of this Section “Limitations of liability”, XSA’s licensors and other partners are third party beneficiaries to the limitations of liability specified herein and they may enforce these TOS against you.
Some jurisdictions do not allow the certain limitations of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing limitations of liability shall apply only to the extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in these TOS will prejudice the statutory rights that you may have as a consumer of the Services.
You agree to indemnify, defend and hold XSA harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of these TOS, however the foregoing does not apply if the third party claim is not attributable to your intentional or negligent behavior.
13. Copyrights and DMCA
If you believe the Services or any of its content infringes your copyrights, please send a notice to: email@example.com .
Please note that under 17 U.S.C. 512(f), if you knowingly misrepresent that material or activity is infringing, you may be liable for damages, including costs and attorneys’ fees, incurred by us or our users. If you are unsure whether the material or activity you are reporting is infringing, you may wish to contact an attorney before filing a notification with XSA.
14. Links to third party products and service
15. Changes to these TOS
Without affecting Section “Binding arbitration/ Class waiver”, XSA may update these TOS from time to time in response to changing legal, technical or business developments. When XSA updates these TOS, XSAwill take appropriate measures to inform you via the Services or otherwise, consistent with the significance of the changes XSA makes.
By continuing to access or use the Services after updates become effective, you agree to be bound by the updated TOS.
16. Governing law
If you are a United States resident, in addition to Section “Binding arbitration/ Class waiver” above these TOS is governed by laws of the State of California and applicable Federal laws without regard to conflict of law provisions. If you are a resident outside of the United States, you agree that all disputes between you and XSA shall be governed by the laws of Romania, without regard to conflict of law provisions. You agree that any claim or dispute you may have against XSA must be resolved exclusively by a court located in Cluj, Romania.
If the jurisdiction of your domicile prohibits XSA from enforcing the choice of law provision, nothing in these TOS limits your rights based on the laws of your domicile.
17. Assignment; severability and entire agreement
XSA may assign these TOS, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these TOS or the Privacy Notice without XSA´s prior written consent, and any unauthorized assignment and delegation by you is void.
If any provision of these TOS is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these TOS will remain in full force and effect. XSA´s failure to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision.
This TOS and the Privacy Notice set out the entire agreement between you and XSA regarding the Services and replace all earlier agreements and understandings between you and XSA.
Any failure by XSA to exercise or enforce any of its rights under these TOS does not waive its right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by an authorized representative of XSA.
If you have any questions about these TOS, please contact firstname.lastname@example.org