Terms of Use
Welcome to xor.inc of XOR UK Corporation Limited (“XOR”) provide website features and other products and services to you when you visit or shop at xor.inc, use XOR’ products or services, (“XOR’ products”). XOR provides the XOR’ products subject to the following conditions.
By using XOR website, you agree to these terms. Please read them carefully.
We offer a wide range of XOR’ products, and sometimes additional terms may apply. When you use an XOR’ products you also will be subject to the guidelines, terms and agreements applicable to that XOR’ products (“Product Terms”). If these Terms of Use are inconsistent with the Product Terms, those Product Terms will control.
PRIVACY
Please review our Privacy Policy, which also governs your use of XOR’ products, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you use XOR’ products, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through our website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of XOR or its content suppliers and protected by United Kingdom & Wales and international copyright laws. The compilation of all content included in or made available through any XOR’ Products is the exclusive property of XOR and protected by United Kingdom & Wales and international copyright laws.
TRADEMARKS
All graphics, logos, page headers, button icons, scripts, and Product names included in or made available through any XOR’ Products are trademarks or trade dress of XOR in the UK and other countries. XOR’s trademarks and trade dress may not be used in connection with any product or service that is not XOR’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits XOR. All other trademarks not owned by XOR that appear in any XOR’ Products are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by XOR.
PATENTS
One or more patents owned by XOR apply to the XOR’ Products and to the features and services accessible via the XOR’ Products. Portions of the XOR’ Products operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Terms of Use and any Product Terms, and your payment of any applicable fees, XOR or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the XOR’ contents or its content provider’ contents (collectively “Content”). This license does not include any resale or commercial use of any contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use or any Product Terms are reserved and retained by XOR or its licensors, suppliers, publishers, rights holders, or other content providers. No XOR’ Products, nor any part of any XOR’ Products, may be reproduced, duplicated, copied or otherwise exploited for any commercial purpose without express written consent of XOR. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of XOR without express written consent. You may not use any meta tags or any other “hidden text” utilizing XOR’ name or trademarks without the express written consent of XOR. You may not misuse the XOR’ Products. The licenses granted by XOR terminate if you do not comply with these Terms of Use or any Product Terms.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity. XOR reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant XOR a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant XOR and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify XOR for all claims resulting from content you supply. XOR has the right but not the obligation to monitor and edit or remove any activity or content. XOR takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
If you believe that your intellectual property rights have been infringed, please submit your complaint to us via our contact provided in this website.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
Written claims concerning copyright infringement must include the following information:
OTHER BUSINESSES
Parties other than XOR operate stores, provide services or software, or sell the XOR’ Products. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from XOR. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). XOR does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other Terms of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE XOR’S PRODUCTS AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU BY XOR ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. XOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE XOR’ PRODUCTS, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE XOR’ PRODUCTS IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, XOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. XOR DOES NOT WARRANT THAT THE XOR’ PRODUCTS, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU BY XOR, XOR’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM XOR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, XOR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY XOR’ PRODUCTS, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU BY XOR, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
DISPUTES
Any dispute or claim relating in any way to your use of any XOR’ Products, or to any products or services sold or distributed by XOR or through xor.inc will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.
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 proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW
By using this website, you agree that the laws of United Kingdom & Wales without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and XOR.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our sale policy, posted on this site. These policies also govern your use of XOR’ Product. We reserve the right to make changes to our site, policies, Product Terms, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
