XUNGIBLE TERMS OF USE

 

Date of Initial Publication: 31 July 2022

 

 

 

 

AGREEMENT TO TERMS

 

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Xungible (Xungible LTD) ("Company," “we," “us," or “our”), concerning your access to and use of the Web App. 

 

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

Supplemental terms and conditions or documents that may be posted on the Web App from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Web App so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Web App after the date such revised Terms of Use are posted.

 

Xungible is a decentralized social media application with multi-chain NFT (non-fungible token) minting and marketplace. Xungible is not a wallet provider, exchange, broker, financial institution, or creditor. Xungible provides a peer-to-peer web3 service that helps users discover and directly interact with each other and NFTs available on public blockchains. We do not have custody or control over the NFTs or blockchains you are interacting with and we do not execute or effectuate purchases, transfers, or sales of NFTs. To use our Service, you must use a third-party wallet which allows you to engage in transactions on blockchains.

 

Xungible is not party to any agreement between any users. You bear full responsibility for verifying the identity, legitimacy, and authenticity of NFTs that you purchase from third-party sellers using the Service and we make no claims about the identity, legitimacy, functionality, or authenticity of users or NFTs (and any content associated with such NFTs) visible on the Service.

 

Because we have a growing number of services, we sometimes need to provide additional terms for specific services (and such services are deemed part of the “Service” hereunder and shall also be subject to these Terms). Those additional terms and conditions, which are available with the relevant service, then become part of your agreement with us if you use those services. In the event of a conflict between these Terms and any additional applicable terms we may provide for a specific service, such additional terms shall control for that specific service.

 

Xungible reserves the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will use reasonable efforts to provide notice of such changes, such as by providing notice through the Service or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference effective as of the date these Terms are updated. It is your sole responsibility to review the Terms from time to time to view such changes and to ensure that you understand the terms and conditions that apply when you access or use the Service.

 

The information provided on the Web App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Web App from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

The Web App is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Web App. 

 

 

DEFINITIONS

The terms referred to in this Agreement shall be defined as follows:

a) Company, Us, We: Xungible (Xungible LTD), as the creator, operator, and publisher of the Web App, makes the Web App available to users. Company, Us, We, Our, Ours and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.

b) You, the User, the Client: You, as the user of the Web App, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.

c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.

d) Wallet: refers to an application that allows users to register a unique identifier, to use such unique identifier to access and to interact with the Ethereum, Polygon (MATIC) or XRPL, and (subject to any technological restraint), to manage information (including any form of cryptographic asset) that is attributable to that unique identifier (including, for example, transferring any information).

e) NFT: each, an identifiable, non-fungible, non-replicable and transferrable cryptographic asset recorded on the Ethereum or Binance Smart Chain Network, used as proof of authenticity and proof of ownership over certain rights (as set out in these Terms) vested in the Holders.

f) Holder: refers to the holder of an NFT

g) Collectible: refers to the association on Ethereum, Polygon (MATIC) or XRPL of an NFT with a Uniform Resource Identifier (“URI”) identifying an appropriately configured JSON file or JSON schema, as applicable (such JSON file, the “Collectible ID”)

e) Offerings: refers to the Xungible Platform and all uses thereof, the Xungible Apps.

f) Xungible Apps: refers to the consumer software applications created, operated and made publicly available by Xungible for transactions involving Collectibles.

j) Web App: refers to the Xungible web application, an application program that is stored on a remote server and delivered over the Internet through a browser interface.

 

YOUR ACCESS TO THE SERVICE

 

Like much of web3, your blockchain address functions as your identity on Xungible. Accordingly, you will need a blockchain address and a third-party wallet to access the Service. Your account on the service (“Account”) will be associated with your blockchain address; however, if you want to add some flair to your Xungible persona, you can add additional information, such as a profile picture, to your Account.

 

Your Account on Xungible will be associated with your linked blockchain address and display the NFTs for that blockchain address (and, if applicable, any content associated with such NFTs). By using your wallet in connection with the Service, you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by, or affiliated with Xungible, and Xungible does not have custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents. Xungible accepts no responsibility for, or liability to you, in connection with your use of a wallet and makes no representations or warranties regarding how the Service will operate with any specific wallet. You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or seed phrase with anyone. If you discover an issue related to your wallet, please contact your wallet provider. Likewise, you are solely responsible for your Account and any associated wallet and we are not liable for any acts or omissions by you in connection with your Account or as a result of your Account or wallet being compromised.

 

FEES, COMMISSIONS, ROYALTIES AND OTHER CHARGES

 

If you elect to create, purchase or sell an NFT through the Web App, any financial transactions that you engage in will be conducted solely through the Ethereum, Polygon (MATIC) and XRPL networks. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions.  We will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage or any other transactions that you conduct via the Ethereum, Polygon (MATIC) and XRPL networks.

Ethereum, Polygon (MATIC) and XRPL require the payment of Transaction Costs/Gas Fees for every transaction that occurs on their respective network.

The transactions on the Xungible Web App may be subject to the following fees:

 

  1. a)service fees established by and payable to Xungible;  

  2. b)commissions on secondary sales of NFTs, established by and payable to the creators of such NFTs;  

  3. c)Transaction Costs/Gas Fees 

 

All such fees paid shall be final and non-refundable.

 

INTELLECTUAL PROPERTY RIGHTS

 

Unless otherwise indicated, the Web App is our proprietary property and all source code, databases, functionality, software, Web App designs, audio, video, text, photographs, and graphics on the Web App (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Web App “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Web App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

Provided that you are eligible to use the Web App, you are granted a limited license to access and use the Web App and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Web App, the Content and the Marks.

 

USER REPRESENTATIONS

 

By using the Web App, you represent and warrant that:  (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Web App through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Web App for any illegal or unauthorized purpose; and (5) your use of the Web App will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Web App (or any portion thereof).

 

PROHIBITED ACTIVITIES

 

You may not access or use the Web App for any purpose other than that for which we make the Web App available. The Web App may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

 

As a user of the Web App, you agree not to:

 

1. Systematically retrieve data or other content from the Web App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

3. Circumvent, disable, or otherwise interfere with security-related features of the Web App, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Web App and/or the Content contained therein.

4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Web App.

5. Use any information obtained from the Web App in order to harass, abuse, or harm another person.

6. Make improper use of our support services or submit false reports of abuse or misconduct.

7. Use the Web App in a manner inconsistent with any applicable laws or regulations.

8. Engage in unauthorized framing of or linking to the Web App.

9. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Web App or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Web App.

10. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

11. Delete the copyright or other proprietary rights notice from any Content.

12. Attempt to impersonate another user or person or use the username of another user.

13. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

14. Interfere with, disrupt, or create an undue burden on the Web App or the networks or services connected to the Web App.

15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Web App to you.

16. Attempt to bypass any measures of the Web App designed to prevent or restrict access to the Web App, or any portion of the Web App.

17. Copy or adapt the Web App’s software.

18. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Web App.

19. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Web App, or using or launching any unauthorized script or other software.

20. Use a buying agent or purchasing agent to make purchases on the Web App.

21. Make any unauthorized use of the Web App, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

22. Use the Web App as part of any effort to compete with us or otherwise use the Web App and/or the Content for any revenue-generating endeavor or commercial enterprise.

USER GENERATED CONTRIBUTIONS 

 

The Web App does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Web App, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Web App and through third-party Web Apps. As such, any Contributions you transmit may be treated in accordance with the Web App Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

 

1.  The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

2.  You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Web App, and other users of the Web App to use your Contributions in any manner contemplated by the Web App and these Terms of Use.

3.  You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Web App and these Terms of Use.

4.  Your Contributions are not false, inaccurate, or misleading.

5.  Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

6.  Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

7.  Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone

8.  Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

9.  Your Contributions do not violate any applicable law, regulation, or rule.

10.  Your Contributions do not violate the privacy or publicity rights of any third party.

11.  Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

12.  Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

13.  Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

 

Any use of the Web App in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Web App.

 

DMCA (Digital Millennium Copyright Act) takedown request requirements

 

We take the intellectual property rights of others seriously and require that our Users do the same. The Digital Millennium Copyright Act (DMCA) established a process for addressing claims of copyright infringement. If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through Xungible's services, please send a notice that meets the minimum requirements of the DMCA, to support@xungible.com, and we will take appropriate action.

 

DMCA notice requirements

 

You must include:

 

  1. 1.A description of the copyrighted work that you claim is being infringed; 

  2. 2.A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location of that material; 

  3. 3.Your name, title (if acting as an agent), address, telephone number, and email address; 

  4. 4.The following statement: “I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”; 

  5. 5.The following statement: “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”; and 

  6. 6.An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf. 

 

Submissions under this DMCA Policy should be sent to support@xungible.com

 

We will review your submission and take whatever action we deem appropriate under the DMCA, including the removal of the challenged content from the Web App. Furthermore, we may, in appropriate circumstances, disable access or terminate the account(s) of the reported user(s).

 

DMCA Counter-Notice requirements

 

If it is not possible to come to an agreement with the reporting copyright owner, the content owner may submit a DMCA Counter-Notice to support@xungible.com within ten (10) business days of the date of our notice. If we receive a valid counter-complaint, we will email a copy of the notice to the copyright owner. The Counter-Notice is a legal document and must comply with the requirements of the DMCA and must include the following:

 

  1. 1.Contact Information: Your name, title (if acting as an agent), physical address, email address, and phone number; 

  2. 2.Content Identification: A reasonable identification of the material that has been removed or to which access has been blocked; 

  3. 3.Statement under Perjury: The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled"; 

  4. 4.Consent to Jurisdiction: One of the following statements (as appropriate): 

  1. 5.Consent to service of process: The following statement: “I will accept service of process from the person who provided the original notification or an agent of such person"; and 

  2. 6.Signature: An electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf 

 

CONTRIBUTION LICENSE

 

You and the Web App agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

 

By submitting suggestions or other feedback regarding the Web App, you agree that we can use and share such feedback for any purpose without compensation to you. 

 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Web App. You are solely responsible for your Contributions to the Web App and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

 

 

SUBMISSIONS

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Web App ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

 

THIRD-PARTY WEB APP AND CONTENT

 

The Web App may contain (or you may be sent via the Web App) links to other Websites and/or Web Apps ("Third-Party Websites or Web Apps") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and/or Web Apps and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites and/or Web Apps accessed through the Web App or any Third-Party Content posted on, available through, or installed from the Web App, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites and/or Web Apps or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites and/or Web Apps or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Web App and access the Third-Party Websites and/or Web Apps or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Websites and/or Web Apps to which you navigate from the Web App or relating to any applications you use or install from the Web App. Any purchases you make through Third-Party Websites and/or Web Apps will be through other Websites and/or Web Apps and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and/or Web Apps and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites and/or Web Apps.

 

WEB APP MANAGEMENT

 

We reserve the right, but not the obligation, to: (1) monitor the Web App for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Web App or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Web App in a manner designed to protect our rights and property and to facilitate the proper functioning of the Web App.

 

PRIVACY POLICY

 

We care about data privacy and security. By using the Web App, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Web App is hosted in the United Kingdom.

 

TERM AND TERMINATION

 

These Terms of Use shall remain in full force and effect while you use the Web App. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE APP (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE APP OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION.

 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

MODIFICATIONS AND INTERRUPTIONS

 

We reserve the right to change, modify, or remove the contents of the Web App at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Web App. We also reserve the right to modify or discontinue all or part of the Web App without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Web App.  

 

We cannot guarantee the Web App will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Web App, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Web App at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Web App during any downtime or discontinuance of the Web App. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Web App or to supply any corrections, updates, or releases in connection therewith.

 

GOVERNING LAW

 

These Terms of Use and your use of the Web App are governed by and construed in accordance with the laws applicable at the headquarters of Company, without regard to its conflict of law principles.

 

DISPUTE RESOLUTION

 

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted at the headquarters of Company, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Web App be commenced more than one (1) years after the cause of action arose.

 

CORRECTIONS

 

There may be information on the Web App that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Web App at any time, without prior notice.

 

DISCLAIMER

 

THE APP IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APP AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APP’S CONTENT OR THE CONTENT OF ANY WEB APPS LINKED TO THE APP AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP, ANY HYPERLINKED WEB APP, OR ANY WEB APP OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

LIMITATIONS OF LIABILITY

 

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

 

INDEMNIFICATION

 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Web App; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Web App with whom you connected via the Web App. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

USER DATA

 

We will maintain certain data that you transmit to the Web App for the purpose of managing the performance of the Web App, as well as data relating to your use of the Web App. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Web App. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

 

Visiting the Web App, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Web App, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APP. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

 

MISCELLANEOUS

 

These Terms of Use and any policies or operating rules posted by us on the Web App or in respect to the Web App constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Web App. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. The Xungible Whitepaper and details of the XGBL token and XGBL tokenomics can be found at xungible.com.

 

CONTACT US 

 

In order to resolve a complaint regarding the Web App or to receive further information regarding use of the Web App, please contact us at: support@xungible.com