TERMS OF SERVICE
XSHIP PROVIDES ITS WEBSITE ("SITE"), PRODUCTS AND RELATED SERVICES ("SERVICES") TO YOU SUBJECT TO THE FOLLOWING USER AGREEMENT ("AGREEMENT"). IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE OUR SERVICES. YOUR USE OF OUR SERVICES SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. XSHIP CAN CHANGE THIS AGREEMENT AT ANY TIME BY POSTING AN UPDATED USER AGREEMENT ON OUR SITE (https://www.xship.net). IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING OUR SERVICES. IF YOU DO NOT CEASE USING OUR SERVICES, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGES. IF YOU HAVE ANY QUESTIONS ABOUT THE AGREEMENT, YOU MAY CONTACT US AT email@example.com
In using our Site or Services, you agree to not:
- upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- copy, modify or distribute rights or Content from the Site, service or tools or XSHIP's copyrights and trademarks;
- upload, download, post, email or otherwise transmit false or misleading information;
- upload, download, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.
- upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. This means you can't use images of celebrities or corporate products, nor images, text, or designs that you've copied from a website without written permission from the owner. You cannot create a "new" image using elements from images other people have created. You cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
- incorporate a current or former leader, politician, religious figure, convicted criminal or notorious person, or other famous person's name or likeness;
- harvest or otherwise collect information about users, including email addresses, without their consent.
- access, tamper with or use non-public areas of our site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
- upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
- frame the Site within another Site or webpage or link to the Site except as permitted in writing by XSHIP;
- use a manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Service;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- use the Service to harm minors in any way, including, but not limited to, uploading Content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- disrupt or interfere with the security of, or otherwise abuse, the site, or any services, system resources, accounts, servers, or networks connected to or accessible through our site or affiliated or linked websites;
- incorporate images or names that would violate a person's right of privacy or publicity;
- upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, illegal activity, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
- disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites; or
- upload Content that may be seen as condoning or encouraging unsafe practices that would result in the physical, mental or moral harm of children.
You acknowledge that XSHIP does not pre-screen submitted Content, but that XSHIP and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any Content that is available via the Site or used in any custom order or Service. Upon placing your order, you acknowledge that XSHIP may review your order, and the Content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this Agreement. XSHIP does not endorse any Content submitted to the Site by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and XSHIP expressly disclaims any and all liability in connection with Content. Without limiting the foregoing, XSHIP and its designees shall have the right to remove or refuse to provide Services for, without prior notice, any Content that violates the Agreement or is otherwise objectionable to XSHIP. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither XSHIP nor any other party involved with the production of any product incorporating such Content assumes that responsibility. XSHIP's production of any product depicting your Content does not indicate that XSHIP approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.
You agree that you are responsible for actions and communications undertaken while on our Site or while using our Services. XSHIP takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against XSHIP and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, Content or materials on the Site. You agree to indemnify XSHIP and its affiliates from all claims and expenses, including reasonable attorney's fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.
You agree that you will use this Site and any products or Services provided by XSHIP in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.
Trademarks and Copyrights
XSHIP's trademarks and product images may not be used in connection with any product or service that does not belong to XSHIP, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits XSHIP. All other trademarks not owned by XSHIP that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by XSHIP.
You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by XSHIP, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the Site without the authorization of XSHIP or the Content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site, in violation of applicable copyright and other intellectual property laws.
You retain all ownership rights to your Content submitted to the Site. By submitting Content to XSHIP, you grant XSHIP a nonexclusive, worldwide, transferable license to use, copy, reproduce, modify, publicly display, and distribute your Content.
You acknowledge and agree that the Site and any Services provided by XSHIP contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
Subject to your compliance with the terms and conditions of this Agreement and any additional terms provided in a separate applicable agreement, XSHIP grants you a non-exclusive, non-transferable, non-sublicenseable license to use the Software solely as necessary to use this Site and provided that you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.
XSHIP grants you a non-exclusive, revocable and limited license to use the Content and XSHIP's tools, images, product photographs for the purposes of promoting the site in the condition that you provide appropriate attribution and a link to the XSHIP website. We reserve the right to terminate this license at any time.
The intellectual property rights in or relating to the content of any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to XSHIP (excluding the Content you submit) will automatically be deemed to be assigned, granted and transferred by you to XSHIP upon their submission or communication to XSHIP, and you do assign all rights therein to XSHIP and agree that the same will automatically become the property of XSHIP and that XSHIP may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose XSHIP may elect, forever.
Intellectual Property Policy
XSHIP respects the intellectual property rights of others. We ask our users and those who purchase our products and Services to do the same. XSHIP may terminate the accounts or refuse services to users who infringe, or may infringe, the copyright or other intellectual property rights of others. If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify XSHIP, and provide the following information ("Notice"):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;
- a description of the copyrighted work and/or trademark claimed to have been infringed;
- a description of where the claimed infringing Content is located on our Site or what Service was provided in relation to this infringement;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.
Please note that this procedure is exclusively for notifying XSHIP that your trademark or copyrighted material has been infringed.
XSHIP can be reached at: firstname.lastname@example.org or by telephone at: 1-859-317-5223.
YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT. YOU HEREBY REPRESENT AND WARRANT TO US THAT THIS AGREEMENT HAS BEEN DULY AND VALIDLY EXECUTED AND DELIVERED BY YOU AND CONSTITUTES YOUR LEGAL, VALID AND BINDING OBLIGATION, ENFORCEABLE AGAINST YOU IN ACCORDANCE WITH ITS TERMS; AND THAT THE EXECUTION, DELIVERY AND PERFORMANCE BY YOU OF THIS AGREEMENT ARE WITHIN YOUR LEGAL CAPACITY AND POWER; HAVE BEEN DULY AUTHORIZED BY ALL REQUISITE ACTION ON YOUR PART; REQUIRE THE APPROVAL OR CONSENT OF NO OTHER PERSONS; AND NEITHER VIOLATE NOR CONSTITUTE A DEFAULT UNDER THE (I) PROVISION OF ANY LAW, RULE, REGULATION, ORDER, JUDGMENT OR DECREE TO WHICH YOU ARE SUBJECT OR WHICH IS BINDING UPON YOU, OR (II) THE TERMS OF ANY OTHER AGREEMENT, DOCUMENT OR INSTRUMENT APPLICABLE TO YOU OR BINDING UPON YOU.
You agree that XSHIP, in its sole discretion, may terminate this agreement including but not limited to termination of your account, use of the Site or use of Services, and remove and discard any Content you may have contributed to the Site or for use in any related Services, at any time for any reason or no reason. XSHIP may also in its sole discretion and at any time discontinue providing the Site or related Services (in part or full), with or without notice. You agree that any termination of your access to the Site or any related Services under any provision of this Agreement may be affected without prior notice, and acknowledge and agree that XSHIP may immediately refuse to provide Service or access to the Site. Further, you agree that XSHIP shall not be liable to you or any third-party for any termination of your access to the Site or related Services. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Site or related Services in any way, your only recourse is to immediately discontinue your use of the Site and related Services.
Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
Age and Geographic Restrictions
You must be at least 13 years of age to use this Site or related Services. Please contact us if you have any concerns or questions about this restriction. ?
This Site or related Services may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site or related Services outside the United States you are responsible for complying with your local laws and regulations.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE AND/OR RELATED SERVICES IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, PROGRAMS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, XSHIP AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. XSHIP DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR (E) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,OR (G) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY. YOU AGREE THAT XSHIP SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE. YOU ACKNOWLEDGE THAT XSHIP DOES NOT CONTROL OR ENDORSE IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE OR RELATED SERVICES. EXCEPT AS OTHERWISE AGREED IN WRITING, XSHIP AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE OR USE OF RELATED SERVICES. YOU ACKNOWLEDGE THAT XSHIP MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM XSHIP OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. 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.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL XSHIP OR ITS OWNER, EMPLOYEES, AFFILIATES, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING XSHIP OR RELATED SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF XSHIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE OR RELATED SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR WHILE USING RELATED SERVICES, OR (E) ANY OTHER MATTER RELATING TO THE SITE OR RELATED SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT XSHIP SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Dispute Resolution and Release
These terms and conditions and your relationship with XSHIP shall be governed by and construed in accordance with the laws of the state of Kentucky, without resort to its conflict of law provisions. Any dispute relating in any way to your visit to the Site or to the use of our Services shall be submitted to confidential binding arbitration in the city of Paintsville, Kentucky for the maximum judgment enforceable, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Kentucky. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Kentucky. Arbitration under this Agreement shall be conducted pursuant to the existing Commercial Arbitration Rules at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim is initiated in court rather than in arbitration we each waive any right to a jury trial.
You and XSHIP agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Johnson, Eastern Kentucky.
If you have a dispute with one or more users, products, or Services you release us (and our owner ?and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
- Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
- The failure of a party to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision.
- No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
- XSHIP may assign its rights and responsibilities hereunder without notice to you.
- These terms and conditions will inure to the benefit of XSHIP's successors, assigns and licensees.
- XSHIP's failure to act with respect to a breach by you or others does not waive XSHIP's right to act with respect to subsequent or similar breaches.
- These terms and conditions may not be modified by you.
- The following Sections survive any termination of this Agreement: Intellectual Property Policy, Proprietary Rights, Disclaimer of Warranties, Limitation of Liability, Release and General.
- XSHIP will attempt to notify you when major changes are made to this User Agreement but you should periodically review the most up-to-date version at www.xship.net/terms. XSHIP may, in its sole discretion, modify or revise these Terms and the associated policies at any time, and you agree to be bound by such modifications or revisions.
- Nothing in this User Agreement shall be deemed to confer any third-party rights or benefits.
- XSHIP does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside XSHIP's control.
- You agree that XSHIP is not responsible or liable for any Content.
- You use the Site or related Services at your own risk.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site or related Services to:
P.O. Box 54485
Lexington, KY 40509