This Agreement contains the complete terms and conditions that govern the use of the X365 TV website(s) (“website” or “websites” or “site”) or mobile applications. BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, OR OTHER X365 TV SOFTWARE, SERVICES, WEBSITES OR CONTENT (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE. X365 TV RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT X365 TV’S DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
X365 TV acts as a venue to allow Users who comply with X365 TV’s policies to share video from third part sites, sell and buy independent films and mobile games. X365 TV is not directly involved in the transaction between buyers and sellers. X365 TV has no control over the quality, timing, safety, failure to provide, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. X365 TV does not pre-screen Users (except for services that require an application) or the content or information provided by Users. X365 TV cannot ensure that a buyer or seller will complete a transaction.
X365 TV does not transfer legal ownership of items from the seller to the buyer, and X365 TV cannot guarantee the true identity, age, and nationality of a User and makes no representations about the accuracy, reliability, suitability, or timeliness of the goods and services requested and provided by Users identified through the Service whether in private, public, or offline interactions. X365 TV encourages you to communicate directly with potential transaction partners through the tools available on the website.
Fees must be paid through the Service and X365 TV reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any payment and out of pocket expenses, or (ii) refund, provide credits or arrange for the PSP to do so. Users of the Service will be liable for any taxes (including VAT, if applicable) required to be paid on the Services provided under the Agreement (other than taxes on X365 TV’s income).
Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of X365 TV. Each User acknowledges that X365 TV does not, supervise, direct, or control an seller’s work or services performed in any manner. X365 TV sets no seller’s work hours or location of work. X365 TV will provide no equipment, labor or materials needed for a particular transaction.
The Service is not an employment service and X365 TV does not serve as an employer of any User. X365 TV will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of another Users’ services.
You agree to indemnify, hold harmless and defend X365 TV from all claims that an seller was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that an seller was misclassified as an employee (including, but not limited to, taxes, penalties, interest and attorney’s fees), any claim that X365 TV was an employer or joint employer of an seller, and claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, and any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits.
All content found on the X365 TV websites (the “Content”) is the copyrighted and trademarked intellectual property of X365 TV, or of the party that created and/or licensed User Submissions to X365 TV. No rights or title to any of the works on any X365 TV website shall be transferred or assigned to you. You agree that you will not copy, distribute, republish, modify, create derivative works from, or otherwise use the Content or User Submissions, without the prior written consent of X365 TV or the party that created and/or licensed the User Submission to X365 TV. X365 TV does not control the content provided by Users. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
X365 TV considers any unsolicited suggestions, ideas, proposals or other material submitted to it by Users (other than the Content and the tangible/non-tangible items sold on the website by Users) (collectively, the “Idea Submissions”) to be non- confidential and non-proprietary, and X365 TV shall not be liable for the disclosure or use of such Idea Submissions. If, at X365 TV’s request, any User sends Idea Submissions to improve the website, X365 TV will also consider such Idea Submissions to be non-confidential and non-proprietary and X365 TV will not be liable for use or disclosure of the Idea Submissions. Any communication by you to X365 TV is subject to this Agreement. You grant and agree to grant X365 TV, under all of your rights in the Idea Submissions, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Idea Submissions for any purpose, commercial or otherwise, including but not limited to incorporating it in the website, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
(i) you do not have the right to post, including any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
(ii) advocates illegal activity, discusses an intent to commit an illegal act or violates any law;
(iii) is vulgar, obscene, pornographic, or indecent;
(iv) threatens or abuses others;
(v) is libelous or defamatory towards others;
(vi) is racist, abusive, harassing, threatening or offensive;
(vii) seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
(viii) harvests or otherwise collects information about others, including e-mail addresses, without their consent;
(ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
(x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded (e.g., copyright, trademark or patent notices);
(xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
(xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications device;
(xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users can type, or otherwise act in a way which affects the ability of other people to engage in real-time activities via this site;
(xv) amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;
(xvi) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding this site or any networks connected to this site; or
(xvii) contains hyperlinks to other sites that contain content that falls within the scope of this Section.
You acknowledge that any materials uploaded to the Community Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations regarding your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither X365 TV nor any third party that provides Content to X365 TV will assume or have any liability for any action made by X365 TV or such third party regarding any submission.
You agree that you will not use X365 TV’s websites in any manner that could disable, overburden, damage, or impair the websites or otherwise interfere with any other party’s use and enjoyment of the websites. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not made available or provided for through authorized use of the websites.
13. DISCLAIMER & LIMITATIONS ON LIABILITY. You understand that X365 TV cannot and does not guarantee or warrant that files available for downloading from the X365 TV websites will be free of viruses, worms, Trojan horses or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to this website. X365 TV further disclaims any responsibility to ensure that the Content on its websites is complete and up-to-date.
Because X365 TV is not the buyer or seller in any actual transaction between Users and is not the agent of either for any purpose, X365 TV does not have the duty to resolve disputes between participants related to or arising out of any such transaction. If a dispute arises between Users, X365 TV recommends the parties attempt to resolve the matter amicably. If a buyer and seller cannot resolve a dispute resulting from a transaction that occurs on X365 TV, they may participate in X365 TV’s case system to resolve the dispute. X365 TV provides a dispute resolution process for the benefit of Users. Cases are escalated for review and resolution by X365 TV. X365 TV has no obligation to resolve disputes between Users or between Users and third parties. If X365 TV attempts to resolve a dispute, X365 TV will do so in good faith based solely on X365 TV’s policies. X365 TV will not make judgments regarding legal issues or claims. Users may also report disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity. Sellers are individually responsible for compliance with all consumer rights laws applicable to their transactions, including EU Consumer Rights Laws.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. X365 TV DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. X365 TV DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY X365 TV WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. X365 TV DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND X365 TV MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. X365 TV MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
X365 TV, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF X365 TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF X365 TV AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO X365 TV FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Because X365 TV is not the buyer or seller in any transaction, if a dispute arises between one or more participants in a transaction, then you release X365 TV (and its affiliates, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or connected with such disputes. If you are a California resident, then you waive California civil code §1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You, being aware of the code section, expressly waive any rights you may have, and under any other statutes or common law principles of similar effect. You acknowledge and agree this waiver is an essential and material term of this Agreement, and that without such waiver, this Agreement would not have been entered into by X365 TV.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD X365 TV HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY X365 TV DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER X365 TV OR LAWENFORCEMENT AUTHORITIES.
X365 TV and you agree that any arbitration will be limited to the Dispute between X365 TV and you individually. YOU ACKNOLWEDGE AND AGREE THAT X365 TV AND YOU ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both X365 TV and you otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable, then this entire “Dispute Resolution” Section will be deemed null and void.
All other feedback, comments, requests for technical support and other communications relating to the website should be directed to: Contact Us.
Thank you for visiting the website.