TERMS OF SERVICE
Welcome to XCanDo!
We (XCanDo LLC) hope you find our services useful tools in connecting with other people, enriching your community, and growing your business.
These Terms of Service (“Terms”) apply to your access to and use of our mobile application (“App”), website (“xcando.com”), servers and other online products and services, collectively “Services” provided by XCanDo LLC (“XCanDo”, “We”, or “Us”).
You must be at least 13 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agreed to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services.
If you are accessing or using XCanDo LLC services on behalf of a business, you represent and warrant that you have authority to accept the terms on behalf of that business and that that business agrees to the terms. If you use our Services on behalf of another person or entity you represent and warrant that you are authorized to accept these Terms on that person’s or entity’s behalf.
1. REGISTRATION AND ELIGIBILITY
To access features and functionality of the Service, you must register an account with XCanDo LLC all information provided to XCanDo LLC during registration will be held and used in accordance with our Privacy Policy. You are responsible for maintaining the confidentiality of your log-in credentials in order to use the Service and are fully responsible for all activities that occur through the use of your credentials. You agree to notify XCanDo LLC immediately of any unauthorized use of your log-in credentials or any other breach of security with respect to your account. XCanDo LLC will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying XCanDo LLC of such unauthorized use or loss of your credentials.
2. ACCURACY OF INFORMATION
You agree to provide true, accurate, current, and complete information about yourself as requested in any registration forms and to update the information about yourself promptly, and as necessary, to keep it current and accurate.
3. CONTENT YOU SUBMIT
3.1 User Content. This Section governs any material that you post, send or transmit (collectively, “Post”) through the Service, including, by way of example and not limitation, photographs, graphics, images, text, musical works, sound recordings, digital phone record deliveries, and any other content, materials or works subject to protection under the laws of the United States or any other jurisdiction, including, but not limited to, illegal, fraudulent, inappropriate, hateful and/or pornographic content, patent, trademark, trade secret, and copyright laws (collectively, “User Content”). You are solely responsible for securing the rights to any and all User Content You Post to or through the Service.
3.2 License Grants to XCanDo LLC and other Users. BY POSTING USER CONTENT TO OR THROUGH THE SERVICE, YOU HEREBY GRANT TO XCANDO LLCAN UNRESTRICTED, PERPETUAL, ASSIGNABLE, SUBLICENSABLE, REVOCABLE, ROYALTY-FREE, FULLY PAID UP LICENSE THROUGHOUT THE WORLD TO REPRODUCE, MODIFY, DISTRIBUTE, DISPLAY, PUBLISH, TRANSMIT, COMMUNICATE TO THE PUBLIC, MAKE AVAILABLE, BROADCAST, CREATE DERIVATIVE WORKS FROM, PUBLICLY PERFORM (INCLUDING ON A THROUGH-TO-THE AUDIENCE BASIS), DELIVER AND PUBLICLY PERFORM DIGITAL PHONE RECORDS, AND OTHERWISE USE AND EXPLOIT (COLLECTIVELY, “USE”) ALL USER CONTENT YOU POST TO OR THROUGH THE SERVICE.
3.3 License for Name, Image, Voice, and Likeness. You further hereby grant XCanDo LLC a royalty-free license to Use your name, image, voice, trademarks, logos, monikers, and likeness (and that of any person identifiable in any User Content you posted to or through the Service) made available by or on your behalf through the Service in conjunction with your User Content. The foregoing license in the immediately preceding sentence will survive the termination of your account with respect to any of your User Content Posted to the Service prior to such termination.
3.4 Limited Waiver of Rights. You waive any and all rights of privacy, rights of publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any of your User Content Posted to the Service, during the term of this agreement.
4. USE RESTRICTIONS
Your rights to use the Service are expressly conditioned on the following:
– You agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without XCanDo LLC’s prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without XCanDo LLC’s prior express written consent.
– You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage.
– You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service, or any portion thereof, through any other application, unless and solely to the extent XCanDo LLC makes available the means for embedding any part of the Service.
5. INDEMNITY
5.1 You agree to indemnify and hold XCanDo LLC, and its officers, directors, employees, agents, successors, and assigns harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (a) your access, use, or misuse of the Service; (b) your User Content; or (c) your violation of this agreement.
5.2 XCanDo LLC will use reasonable efforts to notify you of any such claim, action or proceeding for which it seeks an indemnification from you upon becoming aware of it, but if XCanDo LLC is unable to communicate with you in a timely manner because of an inactive e-mail address for you, your indemnification obligation will continue notwithstanding XCanDo LLC’s inability to contact you in a timely manner.
5.3 XCanDo LLC reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this Section. In such case, you agree to cooperate with any reasonable requests to assist XCanDo LLC’s defense of such matter. You agree not to settle any matter without the prior express written consent of XCanDo LLC.
6. DEALING WITH ORGANIZATIONS OR INDIVIDUALS
XCanDo LLC shall not be liable for your interactions with any organizations and/or individuals found on the app or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that XCanDo LLC is not responsible for any damage or loss incurred as a result of any such dealings. XCanDo LLC is under no obligation to become involved in disputes between participants on the app, or between participants on the app and any third party. In the event of a dispute, you release XCanDo LLC, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.
7. LIMITATION AND TERMINATION OF SERVICE
7.1 You acknowledge that XCanDo LLC may establish limits concerning use of the Service. You agree that XCanDo LLC has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that XCanDo LLC reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that XCanDo LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
7.2 You agree that XCanDo LLC in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the app (or any part thereof), immediately and without notice, and remove and discard any Content within the app, for any reason, including, without limitation, if XCanDo LLC believes that you have acted inconsistently with these Terms. Further, you agree that XCanDo LLC shall not be liable to you or any third-party for any termination of your access to the app. Further, you agree not to attempt to use the app or the Service after said termination.
8. DISCLAIMER OF WARRANTIES
8.1 YOU EXPRESSLY AGREE THAT USE OF THE APP, THE SERVICE OR THE CONTENT IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE APP, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. XCANDO LLC, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
8.2 NEITHER XCANDO LLC, NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE APP, THE SERVICE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE APP OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES XCANDO LLC ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE APP WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. GENERAL INFORMATION
9.1 These terms are governed in all respects by the laws of the state of Virginia, U.S.A, without reference to its conflicts of laws, principles and any dispute arising hereunder shall be submitted to Loudoun County District Court, Leesburg, VA and you consent to the exclusive jurisdiction of such court. If any provisions of these terms are held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
9.2 If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. XCanDo LLC’s failure to act with respect to a breach by you does not waive XCanDo LLC’s right to act with respect to subsequent or similar breaches.
9.3 You may not assign or transfer these Terms or any rights hereunder, and any attempt to the contrary is void. These Terms shall inure to the benefit of and be binding upon each party’s successors and assigns. XCanDo LLC shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond XCanDo LLC’s reasonable control.
9.4 XCanDo LLC may charge for postings and charge extra for content promotion. We reserve the right to change fees as we deem fit. Internal app fees are specified in “credits”. We reserve right to change the amount of credits for postings and promotions. We reserve the rights to define the price for a credit in $ or local currency. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank or otherwise moderate. We may refuse any posting.