XMX LONDON Ltd
TERMS OF SERvice
www.xmxlondon.co.uk is owned and operated by XMX LONDON Ltd, a company registered and existing under the laws of the United Kingdom.
“Our website” or “this website” – refers to www.xmxlondon.co.uk which includes: all pages, sub-pages, sub-domains, and any associated web-based application (collectively, “Website”) owned and operated by XMX LONDON Ltd.
“We”, “Us”, and “Our”– shall be used interchangeably and shall refer to XMX LONDON Ltd, its owners, its affiliates and/or subsidiaries, and any person or entities associated with XMX LONDON Ltd.
“User” or “Users” or “You”– is an identifier that refers to our website visitors
“Services”- shall collectively mean our services, our website, and its content.
“User Content”- collectively refers to all the data that users upload, transmit, create, or generate on or while using our Services. This includes messages, comments, testimonials, and or other content authored by a User.
By using our Services, you agree to comply with all applicable local and international laws, statutes, ordinances, and regulations. We reserve the right to investigate reported violations of any of our operational Terms and to take necessary action we deem appropriate, including but not limited to canceling Services we render you, reporting any suspected illicit activity to law enforcement bodies, regulators, or other third parties.
CHANGE TO THESE TERMS
We reserve the right, at our sole discretion and without prior notice, to make additions, modifications, remove, or change portions/all these Terms at any time. Users will be notified about any changes through the website.
Changes will automatically be effective when posted unless we state otherwise. We urge Users to review the latest version of these Terms on this page any time they visit this website or make use of our Services. Your continued use of our Services without reading these Terms and their subsequent updates any time you use our Services means your acceptance of the latest version of these Terms.
In cases of disputes, the version of this Terms of Service at the time we receive your dispute notice will be applicable in resolving your dispute with us.
Who is eligible to use our Services: We are happy to have you use our Services, but our Services are limited to eligible Users.
- You are not permitted to use our Services if you are below the age of 13. Users below the age of majority require a parental or legal guardian to agree to be bound by these Terms and other terms applicable to the use of our Services. Such parental or legal guardian shall be fully responsible for any acts or omissions of the User below the age of majority.
- You are not eligible to use our Services or a certain part of our Services if they are restricted in your jurisdiction. Using our Services in jurisdictions where they are restricted is at your sole risk, you are responsible for compliance with all local laws, rules, and regulations that may apply. Furthermore, we reserved the right to restrict your usage or impose additional eligibility requirements when necessary.
- You are prohibited from further use of our Services if you have been suspended or banned from our Services. You can be eligible again if your suspension or ban is lifted at our sole discretion.
USING OUR SERVICES
XMX LONDON Ltd provides you Services through our platforms while you provide the equipment (phones, computers, tablets, e.t.c) needed to access our Services.
From time to time, and to provide you with a better experience, our Services will likely evolve through remote updates which you will be required to accept. We reserve the right to discontinue, temporarily or permanently terminate or suspend our Services or part of our Services at any time.
OWNERSHIP; USER LIMITED LICENSE
XMX LONDON Ltd and our related Services: All contents provided to you through our Services are owned and licensed to XMX LONDON Ltd. Our contents and all associated Services are trademarked, copyrighted, and have obtained worldwide intellectual property rights. All rights are reserved. XMX LONDON Ltd, subject to your acceptance and abiding by these Terms grants you a limited license to use our Services. You agree not to use our Services in any way that will tarnish our good public reputation or bring us any liability. We reserve the right to terminate, ban, and seek further legal actions against you if you breach any of these Terms.
YOUR ATTEMPT TO DISRUPT, MANIPULATE, HIJACK, HACK OR INTERFERE WITH THE SERVICES OR OPERATIONS OF XMX LONDON Ltd WILL BE CONSIDERED A BREACH OF OUR OPERATIONAL POLICY OR VIOLATION OF CRIMINAL AND CIVIL LAWS.
Content of Users: Our Services permit Users to create, share, and post content which includes but is not limited to messages, photos, videos, audios, graphical works, etc. (All collectively referred to as “User Content”) The User retains all rights to their User content except for (a) any content from the Services that may be incorporated in your User Content, and (b) the license you grant below, as between you and XMX LONDON Ltd.
The User hereby grants a non-exclusive, unlimited, irrevocable, and perpetual license to XMX LONDON Ltd to use the content freely, reproduce, prepare derivatives, distribute, use for marketing and promotions worldwide without any royalty owed to the User. To the extent permitted by law, the User waives all rights to future claims of the content, content authorship, or rights to limit the usage of the content by XMX LONDON Ltd.
To post, transmit, upload, or publish any content on our Services, you agree that such content is:
- Originally yours, not in violation of any third-party rights, or that you have obtained adequate right and license from the owner of the content before posting.
- Authentic and accurate.
- not in violation of any local, federal, or international law.
- not considered to be confidential.
- not prohibited or in violation of any section of our Terms of service.
- free of malicious codes, worms, spyware, trojans, viruses, ransomware, adware, etc.
All contents transmitted to and on our Service by a User are not considered to be confidential or proprietary once transmitted.
User license to XMX LONDON Ltd ends upon data deletion request by the User. However, there are certain conditions and certain contents we may not be able to delete which are:
- User contents that are licensed to XMX LONDON Ltd under different license terms and agreements.
- Contents a User shared with other Users which has been made public or have been stored privately.
We will take necessary steps to delete User Content from active use upon User request, this may include suppression of User content in our system. However, User Content may persist in our systems, including in backup copies. We may also retain copies of User Content if we reasonably believe it is legally required.
Comments transmitted within the public section of our Service (blogs, testimonials sections, etc.) may be copied and stored outside our Service by other Users. We do not guarantee the safety of such User contents or ideas that were posted publicly, we urge Users not to post confidential or sensitive information in the public section of our Service.
We won’t be liable for any inappropriate use of your content that was copied from the public section of our Service by other Users
We reserve the right at our sole discretion to delete User content that doesn’t comply with our Terms and other applicable terms. If such User content infringes the intellectual property rights of a third party, we may disclose your identity to such third party upon their request. Furthermore, your identity may be disclosed at the request of law enforcement agencies, government bodies, or by a court of law.
In addition to other prohibitions as set forth in the Terms of service, Users are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
XMX LONDON Ltd takes its intellectual property rights and that of others seriously and we require you to do so. We respond promptly to alleged copyright infringement notices in compliance with the US Digital Millennium Copyright Act (“DMCA”), the E-Commerce Directive and associated legislation in the EU, and similar or equivalent other local laws that may apply. XMX LONDON Ltd reserve the right to terminate the account of any Member that infringes the intellectual property rights of others (repeatedly) without notice.
FEEDBACK AND UNSOLICITED IDEAS
We may require you to leave us feedback on certain features through a customer insights program. Your decision to leave feedback is optional but we would like you to do so. If we require feedback from you through a program, your feedback is subject to the guidelines of the specific program.
All feedback, information, or idea you send to us voluntarily is subject to our unsolicited ideas.
AVAILABILITY OF THE SERVICES; WARRANTY DISCLAIMER
Our Services may be temporarily unavailable from time to time for maintenance or other reasons. XMX LONDON Ltd assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communication failure. We reserve the right to suspend, withdraw, or restrict the availability of all or any part of our Services for business and operational reasons.
OUR SERVICES AND ALL CONTENT, MATERIALS, AND PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, WITH ALL “DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. XMX LONDON Ltd DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY USE OF OUR PRODUCTS AND SERVICES. XMX LONDON Ltd MAKES NO REPRESENTATION THAT THE SITE, OUR MOBILE APP, OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. XMX LONDON Ltd MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED THROUGH OUR SERVICE IS APPLICABLE OR APPROPRIATE FOR USE IN YOUR STATE OR COUNTRY.
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU DO SO AT YOUR OWN RISK.
LIMITATIONS; WAIVER OF LIABILITY
IN NO EVENT WILL XMX LONDON Ltd OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR SERVICES, CONTENT, OR ANY RELATED PRODUCT ACCESSED THROUGH OUR SERVICES, EVEN IF XMX LONDON Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, XMX LONDON Ltd LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO $200.
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed by the laws of the United Kingdom.
SEPARATION OF TERMS
Each of the paragraphs of these Terms operates separately. If any part of these Terms is not enforceable, the rest of these Terms still apply and are binding, and any unenforceable term will be substituted with a term that comes as economically close to the unlawful or unenforceable term as possible.
We reserve the right to assign our rights and obligations under these Terms to a different party or entity at any time without your consent. Users are not allowed to assign their rights or obligations under these Terms to any party without obtaining prior written consent from XMX LONDON Ltd, any attempt to do so without our consent is void.
These Terms, and any other policies or rules we reference in these Terms, make up the entire agreement between you and XMX LONDON Ltd relating to the subject matter of these Terms and supersede all prior understandings of the parties relating to the subject matter of these Terms, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us.
LANGUAGE OF THE TERMS
Any translated version of these Terms of service is for informational use only. The translated version may not fully represent our position as it could mean something different from the English version. The English version remains the authentic version of these Terms.
Our non-enforcement of our rights under these Terms at any time does not mean we waived the right to do so in the future. And, if we do expressly waive a provision of these Terms, that does not mean we have waived it in perpetuity. If we do waive a default or breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later default or breach by you.
Notices will be sent posted on www.xmxlondon.co.uk or through other means of communication depending on the contact information we have on file.
All notices from Users must be in writing and addressed to [email protected] unless we stipulate another specific means of sending us notices.
Questions about these Terms of Service should be sent to us at [email protected]