Version
LICENCE TERMS AND CONDITIONS
Effective May 4th, 2018
These Terms and conditions are applicable worldwide except where specific territorial terms and conditions are published by us.
These terms and conditions (“Terms”) set out important information regarding your rights, obligations and restrictions as a “User” (“you”, “your”) when you access, use or download the XPIK “Application” available on “Devices” such as cell phones, tablets, and personal computers, and any “Services” offered in conjunction with the Application and / or access our “Website” at https://www.XPIK.io The Services may include content and media exploration and, in some cases, access to related “Third Party Applications and/or Sites” that can be used in conjunction with the Services. The Services, where not specifically provided otherwise, are supplied by INVERSIONES H y ASOCIADOS CORPORATION (“Company”, “we,” us,” and “our” as appropriate), a joint stock company incorporated according to the laws of the Republic of Panama, having its registered domicile at: Avenida Manuel Espinosa Batista, Edificio Torre IBC, Fifth floor, Oficina 507, Panama City, Panama. You can also contact us by phone: +58 212 993 7563 and e-mail support@xpik.io.
These Terms may be accessed directly from your Device via the settings section on the Application or on our Website at https://www.XPIK.io/#terms. Any translations of these Terms are provided as a courtesy to you and the definitive text of these Terms is the English version.
INTRODUCTION AND ACCEPTANCE
Inversiones H Y Asociados Corporation. (“XPIK”, “Company”, “we”, “us” and “our”) offers you access to its interactive online websites, applications and services. These Terms of Use, together with our Privacy Policy and any additional terms which might apply to certain products or services, govern your use of our websites (“Website”) or any of our widgets or other applications (“Applications”) – together, our “Services”. Our Services include the XPIK application and all other locations on which we place these Terms of Use.
Please read carefully these terms of use before using our services. By proceeding to use any of our services you are agreeing to comply with these terms of use, which may change from time to time as set forth in section titled “Amendments; Additional Terms”. If you do not agree to be bound by these terms of use, you are hereby advised not to use our services.
By using our Services, you (1) represent you are over the age of 13; and (2) agree to be bound by these Terms and any applicable laws regarding your use of XPIK. You must also pay any charges for the Services which may be applicable. DO NOT USE THE SERVICES IF THESE TERMS ARE UNACCEPTABLE TO YOU.
Please note the following:
USAGE POLICY
When using our Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. You acknowledge that you do not acquire any ownership rights by downloading, installing or printing Service Content.
You agree to use the Services fairly and exclusively for non-commercial purposes. XPIK reserves the right to limit your identification attempts in any month, or cease to provide our Service to you without further notice.
Furthermore, except as expressly permitted in these Terms of Use, you may not:
(i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Services or Service Content; (ii) circumvent, disable or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service Content; (iii) use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Service Content for any purpose without our express written permission; (iv) collect or harvest any personally identifiable information from our Services including, without limitation, user names, passwords, email addresses; (v) solicit other users to join or become members of any commercial online service or other organization without our prior written approval; (vi) attempt to or interfere with the proper working of our Services or impair, overburden, or disable the same; (vii) decompile, reverse engineer, or disassemble any portion of our software or other Service Content, or our Services; (viii) use network-monitoring software to determine architecture of or extract usage data from our Services; (ix) encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership (as defined below)); (x) violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or (xi) engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.
You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.
We may change, suspend or discontinue any aspect of XPIK at any time, including the availability of any feature, database and/or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without liability.
Continued use of the Application and/ or Services may require a download of updates and/or new releases of software with different functionality and that may have different license terms.
Usage of images provided to you by us, either through our Website or our Applications, is limited to your personal, non-commercial use in accordance with the following restrictions. You may not reproduce (other than as authorized for your own personal usage), publish, transmit, distribute, publicly display, rent or lend, modify, create derivative works from, sell or participate in the sale of or exploit in any way, in whole or in part, directly or indirectly, any images supplied to you. You agree that you shall not seek to or do anything that will defeat, evade or circumvent any efforts that may be made to protect the images from any unauthorized usage.
INTELLECTUAL PROPERTY
Our Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all text, fonts, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through our Services (collectively, the “Service Content”) and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear in our Services are owned by us, our licensors, or identified third parties. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in our Services or any Service Content. Any rights not expressly granted in these Terms of Use are expressly reserved.
COPYRIGHTS
We respect the intellectual property of others, and we expect our Users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Membership of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
If you believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent ( “Designated Agent”).with the following information (“Notice”): (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Any Notice of claims of copyright or other intellectual property infringement must be sent to our “Designated Agent”.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement Our Designated Agent is:
Inversiones H y Asociados Corporation
Calle Londres con Trinidad, Edificio Maracapana, piso 3, oficina 6, Las Mercedes, Caracas 1060, Venezuela.
phone: +58 212 993 7563
email: support@xpik.io
We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
Please note that this procedure is exclusively for notifying us and our affiliates that (a) your copyrighted material has been infringed; (b) you have noticed any defamatory content published via XPIK; or (c) your personal privacy or that of your family has been violated in a manner that contravenes applicable local laws.
USER REGISTRATION
In order to access or use some features of our Services, you may have to become a registered user. If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information.
If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a username and password (a “Membership”). You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to Contact Us immediately if you become aware of any breach of security or unauthorized use of your Membership.
USER GENERATED CONTENT
We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Services and for use or display to others (collectively, “submit”) messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Services. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
Please choose carefully the words, information, content, messages, text, files, images, photos, sounds, profiles, works of authorship or any other materials you share, post, upload, link to, publish or display on our Website and/or through the use of Services and any such content that you provide or make available to other Users through the Website (collectively, “User Content”). You are responsible for all User Content, as set forth below.
You retain ownership of User Content. By sharing User Content via XPIK (and any Third Party Application and/or Sites), you grant to us during the entire period of protection of your intellectual property rights associated with such content and material, a world-wide, royalty free, non-exclusive license to use, copy, modify, publicly perform, publicly display, translate, reproduce, transmit or distribute, or an equivalent right to use, the User Content via XPIK (and any other Third Party Applications and/or Sites). We require such a license in order to provide certain functionality within XPIK (and any Third Party Applications and/or Sites).
By sharing User Content within XPIK (and any Third Party Application and/or Sites) you warrant that you own all rights in and to the User Content shared by you and that you are not breaching any other party’s rights to privacy, publicity rights, copyrights or contractual rights.
Information or User Content provided by other Users, including users sharing content or commentary via XPIK, may contain inaccurate, inappropriate or offensive material, products or services, and we assume no responsibility or liability for this material. User Content must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, violate any confidentiality agreement or other contract or be otherwise injurious to third parties or objectionable and must not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. We have the right, but not the obligation, to refuse to post, remove or edit any posting or submission of User Content. We do not actively monitor User Content and take no responsibility and assume no liability for any User Content.
You represent, warrant, and covenant that you will not submit any User Content that:
(i) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity; (ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (iv) is an advertisement for goods or services or a solicitation of funds; (v) includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references; (vi) contains a formula, instruction, or advice that could cause harm or injury; or (vii) is a chain letter of any kind.
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Services will not be permitted.
By submitting the User Content to us, you grant us and our affiliates the right to use the username that you submit in connection with such User Content. You grant to us a revocable, non-exclusive, worldwide right and license, or another equivalent right to use, all the trademarks, service marks, trade dress, artwork, names, likenesses and biographical material associated with the User Content, your username, or your account in connection with your use of and our operation of the Services. You are solely responsible for any necessary payments that may become due to any third parties as the result of your posting of or linking to the User Content and our use thereof on our Applications or Website.
The following is a partial list of the kind of User Content that is illegal or prohibited on the Services. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending User Content from the Website or Services and terminating the access to XPIK of such violators.
Prohibited User Content includes content that: (i) is obscene, offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”; (iv) consists of information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) consists of an illegal or unauthorized copy of a copyrighted work, such as pictures, drawings and works of art in which you do not personally own the copyright or otherwise do not have the necessary authority from the copyright owner(s); (vi) computer programs or links to them or providing information to circumvent manufacturer-installed copy-protect devices, or infringing materials; (vii) contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); (viii) provides material that exploits people under the age of 18 or solicits personal information from anyone under 18; (ix) provides instructional information about illegal activities; (x) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; (xi) involves commercial activities and/ or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (xii) violates anyone’s right of privacy; or (xiii) uses any unfair, misleading or deceptive content intended to draw traffic to the profile.
We will not use your User Content (e.g., images, etc.) without your permission. Where you have provided us permission (e.g., to share your image on Facebook or Instagram, display your image on our Website under a promotion, etc.), by submitting User Content to us, you simultaneously grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) in the manner you have requested. We may exercise this for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal and commercial use as permitted by the functionality of our Services and these Terms of Use. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.
By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content; provided, however, that all such uses will be consistent with the terms of our Privacy Policy.
Pursuant to a promotion or in certain other instances, you may give us permission to share or use your User Content on our Website or on a third party platform. In such instances, you acknowledge and agree that we may use your User Content to promote our Services and that Your User Content may appear in proximity to third party advertisements and/or content.
We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
You agree that XPIK is not responsible for, and does not endorse, User Content posted within the Applications or on the Website. We do not have any obligation to prescreen, monitor, edit, or remove any User Content. If your User Content violates these Terms, you may bear legal responsibility for such User Content.
SERVICE CONTENT & THIRD PARTY LINKS
We provide our Services including, without limitation, Service Content for educational, entertainment, promotional and/or commercial purposes expressly stated in this Terms of Use. You may not rely on any information and opinions expressed through any of our Services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content.
In many instances, Service Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Services by anyone other than our authorized employees or spokespersons while acting in their official capacities.
Our Services may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
AVAILABILITY OF SERVICES
We will do our best efforts to offer you smooth services, but we cannot give a full guarantee that XPIK will be fault free or that the Services will be uninterrupted. If a fault does occur, please report it to Customer Services, at support@XPIK.io or by using our in-app support options when available, and we will attempt to correct the fault as soon as we reasonably can.
We will occasionally restrict your access to the Website or to the Services for the purpose of maintenance to carry out repairs, or to introduce new functionality or services. We will endeavor to keep disruptions to a minimum.
New Services are subject to a period of testing. This means that a new Service may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software “bugs” being fixed by us and may have other issues affecting availability and functionality.
INDEMNIFICATION
You agree to indemnify and hold harmless XPIK and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your use of our Services; (ii) User Content provided by you or through use of your Membership; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
LEGAL PROTECTION AND LIMITATIONS
You acknowledge that XPIK’s services, website and applications (and any other Third Party applications and/or sites) licensed by us to you are our property (or that of the relevant third party). You are granted a limited, revocable, non-exclusive, non-transferable (without the right to sublicense) license to use XPIK or any Third Party Application and/or Site for the purpose of accessing and using the Services. Except as expressly authorized by us, you may not copy, modify, translate, reproduce, distribute, publish, broadcast, perform, display, sell, assign, lease or sub-license that content, in whole or in part. You agree not to disassemble, de-compile, reverse engineer, or otherwise attempt to gain access to the source code of the Application or Services or any Third Party Application and/or Site. You will not copy any part of XPIK or any Third Party Applications and/or Sites or make commercial use of, rent, lease, loan, sell, publish, license, sublicense, distribute, assign or otherwise transfer any part of XPIK or such Third Party Application and/or Site to any person.
You agree to not use XPIK to: (i) interfere with, manipulate, or take any actions that may undermine the integrity of any rating system used on the Services; (ii) interfere with or disrupt XPIK or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to these; (iii) collect or store personal data about other Users of XPIK; or (iv) harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any other User without their prior explicit consent.
You will not alter, destroy, obscure, or otherwise remove any copyright or proprietary notices or labels on or embedded within any part of XPIK and/or any Third Party Applications and/or Sites.
You agree to not use XPIK or export any portion of it in violation of any countries export regulations.
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. list of prohibited or restricted parties.
DISCLAIMER OF WARRANTIES
Your use of XPIK is at your sole risk. You expressly agree that use of our services is at your sole risk. Our services and service content (including software) are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied. Without limiting the foregoing and to the fullest extent permitted by law, company and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies disclaim any and all warranties including any: (1) warranties that our services will meet your requirements; (2) warranties concerning the availability, accuracy, security, usefulness, timeliness, or informational content of our services or service content; (3) warranties of title, non-infringement, merchantability, or fitness for a particular purpose; (4) warranties for services or goods received through or advertised or accessed through our services; (5) warranties concerning the accuracy or reliability of the results that may be obtained from the use of our services; (6) warranties that your use of our services will be secure or uninterrupted; and (7) warranties that errors in our services or service content (including software) will be corrected; (8) delivery of any portion of XPIK will be uninterrupted, timely, secure, or error-free. No advice or information, whether oral or written, obtained by you from us or through or from the application, website or services shall create any warranty not expressly stated in these terms.
Under no circumstances will we or our respective parents, subsidiaries, and affiliates, suppliers and their respective owners, officers, manager, members, agents and employees, be liable to you for loss of profits, business interruptions, loss of business information, loss of business, opportunity or other pecuniary loss, loss of data or any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses, whether based in contract, tort or otherwise, arising out of or in connection with use of, or inability to use XPIK (and any other applications) which we license to you, any content delivered to you or XPIK, whether or not we have been advised of the possibility of such damages or loss. In any event, our liability to you shall be limited to typical and foreseeable damage and shall not exceed the fees for a three (3) month period or the maximum amount of fifteen dollars ($15), whichever is higher. Some jurisdictions (countries, provinces, states) absolutely prohibit some limitations on liability, disclaimer of warranties or exclusion of direct or consequential damages. In such cases only, the above disclaimers, limitations or exclusions may not apply to you to their full extent.
In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
You hereby indemnify and hold harmless, and upon our request, defend, (1) us, our affiliates and their respective directors, officers and employees; and (2) providers of Third Party Applications and/or Sites, from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding brought by a third party based on a breach of any warranty, representation, covenant or obligation by you under these Terms. You will reimburse us, our affiliates, and providers of Third Party Applications and/or Sites, as applicable, on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section, provided that we attempt to obtain your written consent prior to making such payments, such consent not to be unreasonably withheld, delayed or conditioned. We shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon our request. We shall have the right, at your expense, to participate in the defense thereof under your reasonable direction.
Nothing in these Terms shall be construed so as to exclude or limit our liability or that of any third party for death or personal injury as a result of negligence. Nothing in these Terms affects any mandatory statutory rights that you may have as a consumer, except to the extent permitted by law.
We may assign our rights and obligation under these Terms without your prior consent to any new provider of the XPIK Services. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then the provision will be deleted. Any such deletion will not affect the validity and enforceability of any of the other provisions of these Terms.
TERMINATION
We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your use of our Services for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that XPIK is not liable to you or any third party for any termination or suspension of your Membership or for blocking your use of our Services.
Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, and all of the provisions in the Section titled “MISCELLANEOUS”.
TRADEMARKS
“XPIK” is a registered trademark of Inversiones H y Asociados Corporation. All trademarks, logos, designs and images used in connection with the Application, Website and Services remain the property of Inversiones H y Asociados Corporation or their respective owners.
UNSOLICITED IDEAS AND FEEDBACK
We welcome your feedback on what we are currently doing (both positive and negative). If you want to send us your feedback, we ask that you use our contact form. Any feedback you provide to us can be used by us on an unrestricted basis and treated by us as non-confidential.
Please do not tell us anything that contains new or original ideas, in respect of which you might want, now or in future, to claim any form of proprietary rights. If, despite our request that you not send us your ideas, you still send them to us, then regardless of what you say to us, you agree that: (i) your submissions and their contents will automatically become our property, without any compensation to you; (ii) you will not assert against us any rights or ownership and you will not claim any reward (financial or otherwise) in respect of any such submissions; (iii) we may use or redistribute the submissions and their contents for any purpose and in any way; (iv) there is no obligation for us to review any material that you submit to us; and (v) there is no obligation to keep any such material confidential.
DISPUTE RESOLUTION & MANDATORY ARBITRATION
These Terms and the relationship between you and us shall be governed by the laws of Panamá without regard to its conflict of law provisions. In the event of a dispute, we want to address your concerns without needing a formal legal case. Before filing a claim against us, you agree to try to resolve the dispute informally by contacting legal@XPIK.io. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within Thirty (30) business days of submission, you or XPIK may bring a formal proceeding.
If after 30 days the parties are unable to resolve any dispute raised under the previous provision, the dispute may be submitted to arbitration consistent with this Section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by a recognized neutral arbitration institution.
Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
EXCEPTION TO ARBITRATION
Either of us may bring qualifying claims in small claims court. Further, as set forth below, we each agree that any arbitration will be solely between you and XPIK, not as part of a classwide claim (i.e., not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply and the classwide dispute must be brought in court.
NO CLASS ACTIONS
To the extent allowed by law, we each waive any right to pursue disputes on a classwide basis; that is, to either join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration or other proceeding.
NO TRIAL BY JURY
To the extent allowed by law, we each waive any right to trial by jury in any lawsuit, arbitration or other proceeding.
CHOICE OF LAW; JURISDICTION AND VENUE
These Terms of Use shall be construed in accordance with the laws of Panama without regard to its conflict of laws rules. Any legal proceedings against XPIK that may arise out of, relate to, or be in any way connected with our Website or these Terms of Use shall be brought exclusively in the state and courts of Panama and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
ADDITIONAL TERMS THAT ARE APPLICABLE TO USERS OF XPIK AS OFFERED BY SPECIFIC PARTNERS
In the event that you have acquired the Application via Google LLC (“Google”) through its application stores, the Google Play or Play Store (“Stores”),
Microsoft
In the event that you have acquired the Application via Microsoft Corporation’s application stores, the Windows Store and/or Window Phone Store (“Stores”),
Additionally, notwithstanding any provision to the contrary included in these Terms, when you acquire XPIK via the Stores you will be able to install the Application on up to the following number of devices that are associated with your Microsoft account:
Apple
In the event that you are using a Device or Third Party Application provided by Apple, Inc. (“Apple”),
AMENDMENT; ADDITIONAL TERMS
We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Services or to modify these Terms of Use. We may amend these Terms at any time by posting the amended terms on our Website and/ or by amending the Terms as they are accessed from the Application on your Device. It is your responsibility to review these Terms from time to time to check if they have been amended. The effective date of each new version of the Terms will be included at the top of the Terms page. If you continue to use the Application and/ or Services or you download any content or upgrade any of the Services after we have posted any amended terms that will demonstrate that you accept our updated Terms. Should you not accept these amendments, you may terminate the Services.
In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of our Services generally, unique of our Services, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website, notification by email or through any of our Applications. It is your responsibility to review the Terms of Use from time to time for any changes or Additional Terms. Your access and use of our Services following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of our Services and, if applicable, terminate your Membership.
MISCELLANEOUS
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Except where specifically stated otherwise, if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected.
These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.
You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.
If you have any queries regarding us, the Website, Application and/ or Services, please contact us by email at support@XPIK.com or via the Help pages at https://www.XPIK.io. Alternatively, you can contact us by post at Customer Service at:
Inversiones H y Asociados Corporation
Postal address: Calle Londres con Trinidad, Edificio Maracapana, piso 3, oficina 6, Las Mercedes, Caracas 1060, Venezuela.
Telephone: +58 212 993 7563.
E-mail: support@xpik.io
PRIVACY POLICY
Effective & Last Modified May 4th, 2018
Please read the following privacy policy carefully before using this app or other services that we provide. By accessing or using our app or our services (other than to read this privacy policy for the first time), you agree to the terms of this privacy policy.
We are INVERSIONES H y ASOCIADOS CORPORATION, a company incorporated according to the laws of the Republic of Panama, having its registered domicile at: Avenida Manuel Espinosa Batista, Edificio Torre IBC, Fifth floor, Oficina 507, Panama City, Panama. This application, related websites and services are developed and maintained by INVERSIONES H y ASOCIADOS CORPORATION, or subsidiaries and affiliates (hereinafter collectively “XPIK”, “Company”, “we” or “us”), acting as a data controller for the purpose of applicable data protection law. When you visit our mobile apps, website, official social media sites, or other online properties, including any owned, controlled, or operated by a XPIK subsidiary or affiliate, (collectively “services,”), we (and some of our business and advertising partners) may ask for information about you and also create data about your use of our sites or apps.
This Privacy Policy explains our practices regarding the collection, use and disclosure of personal data (“personally identifiable information” or “PII”) and other information that we receive when you use the Services XPIK provides. This Privacy Policy applies to all available XPIK Services and Apps. However, these don't apply to anyone else’s websites, services, or applications, even if you can access those through XPIK. This Privacy Policy and the Terms and Conditions govern your use of all available XPIK Services and Apps, so please read these carefully before using XPIK. Processing of any PII is based on the necessity to perform the services we offer to you with the consent you give to us by your use of such services. This Privacy Policy tells you what information we collect, what we do with it, and the options you have regarding the information you and/or we share and why.
CATEGORIES OF INFORMATION WE COLLECT AND HOW WE USE IT
ACCOUNT INFORMATION
When you create an account, we need to collect certain information that can be used to identify you (PII), such as your full name, birth date, gender, telephone number, email address, country, language, and device name. We use PII email, name, country and language of the user for customized marketing purposes. The device name may be used for identifying and managing active devices within an XPIK User Account. We do not collect PII if you don’t create an account. If you choose to create an XPIK account via a third-party service such as Facebook, no passwords of the third-party service get transferred to our system. When the authentication is complete, we’ll be able to access certain information based on your permissions from the third-party service. If you purchase XPIK Premium, neither Google nor Apple expose any personal information of the subscription like name, email or payment information.
INFORMATION COLLECTED USING COOKIES
Within our XPIK apps we may track users for statistical analysis by means of Cookies generated by the system. These Cookies do not expose useful information for parties other than the vendor. These may create a unique string for each device and may be used for serving advertisements. We may also use these Cookies generated for internal anonymized analytics of the user base and for managing devices with the XPIK Account. Some third-party services providers that we use may also place their own cookies within the app. Note that this Privacy Policy covers only our use of our use of Cookies and does not include third parties.
INFORMATION RELATED TO USE OF XPIK
Our servers automatically record information about how a person uses XPIK, including log information, IP addresses, app versions, operating systems, device models, device languages and device country settings, time spent within the app, location, short input text and voice and other statistics. We only keep the IP addresses for a limited time and the IP addresses are not connected to the searches made at any time. Searches are completely anonymous. We use and analyze (and may engage third parties to analyze) this information to customize and improve XPIK. We also use IP addresses to generate aggregate, non-identifying information about how XPIK is used or develop features to protect us against attacks.
In addition to some of the specific uses of information we describe in this Privacy Policy, we may use information that we receive to:
USER CREATED CONTENT
We collect content you create on our services, such as custom stickers, and information about the content you create or provide, such as if the recipient has viewed the content and the metadata that is provided with the content.
YOUR RIGHTS REGARDING YOUR PERSONAL INFORMATION
You may at any time exercise the following rights regarding your PII we have stored: Right of access and information, right to rectification, right to erasure, right to restriction of processing and right to data portability. To get access which PII we have processed about you or to delete your PII and cancel your account, please send an email to support@XPIK.io. We’ll take steps to inform you or delete your information as soon as is practicable. Any consent you gave us for processing your PII is subject to your withdrawal, which may be exercised anytime and without cause. If you have any concerns about our processing of your PII you may complain contacting us by email to support@XPIK.io.
CHILDREN'S PRIVACY
XPIK does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to use the Service. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at support@XPIK.io.
SHARING OF YOUR INFORMATION
We will not rent or sell your private contact information, such as username, user ID, device ID, email address, etc. to third parties outside XPIK (or the group of companies of which XPIK is a part) without your consent, except as noted in this Policy.
PARTIES WITH WHOM WE MAY SHARE YOUR INFORMATION
We may share your information as well as information from tools like cookies, log files, and device identifiers and location data (such as usage data, referring/exit pages and URLs, platform types, number of clicks, etc.), with organizations that help us provide the Service to you ("Service Providers"). Our Service Providers will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms.
We may also share certain information such as cookie data with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.
We may license the image data to outside companies or organizations for their internal use only. No user IDs or any other personally identifying metadata will ever be attached along with the images.
We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.
WHAT HAPPENS IN THE EVENT OF A CHANGE OF CONTROL
If we sell or otherwise transfer part or the whole of XPIK or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your information such as name and email address, User Content and any other information collected through the Service may be among the items sold or transferred. You will continue to own your User Content. The buyer or transferee will have to honor the commitments we have made in this Privacy Policy.
INSTANCES WHERE WE MAY BE REQUIRED TO SHARE YOUR INFORMATION
XPIK will disclose your information where required to do so by law or by judicial process or if we reasonably believe that such action is necessary to:
STORAGE, PROCESSING, AND INTERNATIONAL TRANSFER OF YOUR INFORMATION
Your search history is stored for an unlimited period of time. Your PII may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction. If you’re located outside the United States and choose to provide your PII to us, we may transfer your PII to the United States and process it there. Likewise, your information collected through the Service may be stored and processed in the United States, European Union or any other country in which XPIK, a company in the same group of companies as XPIK or Service Providers maintain facilities.
XPIK may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.
By registering for and using the Service you consent to the transfer of information to the U.S. or to any other country in which XPIK, a company in the same group of companies as XPIK or Service Providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.
Please do your part to help us. You are responsible for maintaining the control access to emails between you and XPIK, at all times. Your privacy settings may also be affected by changes the social media services you connect to XPIK make to their services. We are not responsible for the functionality, privacy, or security measures of any other organization.
To achieve high availability and low latency, we replicate the data (including your PII) across data-centers and providers in United States and Europe. These services are certified under the Privacy Shield Rules.
OTHER WEB SITES AND SERVICES
We are not responsible for the practices employed by any web sites or services linked to or from our Service, including the information or content contained within them. Please remember that when you use a link to go from our Service to another web site or service, our Privacy Policy does not apply to those third-party websites or services. Your browsing and interaction on any third-party web site or service, including those that have a link on our web site, are subject to that third party's own rules and policies. In addition, you agree that we are not responsible and do not have control over any third-parties that you authorize to access your User Content. If you are using a third-party web site or service and you allow them to access your User Content you do so at your own risk.
CHANGES TO PRIVACY POLICY
Any information that we collect is subject to the Privacy Policy in effect at the time such information is collected. We may, however, revise the Privacy Policy from time to time. Changes will be posted to our website and within our Apps, so please check that regularly. The most current version will always be posted on our Privacy Policy page.
CONTACT INFORMATION
If you have any questions about this Privacy Policy, please contact us at:
Inversiones H y Asociados Corporation
Postal address: Calle Londres con Trinidad, Edificio Maracapana, piso 3, oficina 6, Las Mercedes, Caracas 1060, Venezuela.
Telephone: +58 212 993 7563.
E-mail: support@xpik.io