Terms of Service for XOOX
Thank you for using XOOX!
These Terms of Service ("Terms") govern your use of the XOOX application and any related services,
features, or content (collectively, the "Service") provided by XOOX Lab ("us," "we," or
"our").
By creating an account under these Terms, or by accessing, downloading, or using the Service, you
agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.
We reserve the right to modify or update these Terms at any time, and you agree to be bound by such
modifications or updates.
1. Eligibility
By creating an account under these Terms, or by accessing, downloading, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service. We reserve the right to modify or update these Terms at any time, and you agree to be bound by such modifications or updates.
br>2. Account Registration
To use certain features of the Service, you may be required to register an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as needed.
You acknowledge that XOOX Lab reserves the right to refuse to grant you a username that is already in use, may be illegal, may be protected by trade-mark or other proprietary interest, is obscene or profane or otherwise determined by XOOX Lab, in its sole discretion, to be inappropriate.
You are responsible for maintaining the confidentiality of your account password and are fully responsible for all acts or omissions that occur under your account.
3. Real Name
Users must provide their full legal name as it appears on official identification documents. Pseudonyms, aliases, or usernames that do not represent a user's actual name are not permitted. There may be valid reasons for users to protect their identity and exceptions to this policy may be granted on a case-by-case basis, such as for individuals at risk or when required by applicable laws.
4. User Content for All, Except for Xoox Music for Pets
The Service allows you to post, upload, and share content related to pets, including but not limited to text, photos, videos, comments, and other materials (collectively, "User Content"). By posting User Content, you represent and warrant that you own or have the necessary rights to post such User Content and that it does not infringe upon the rights of any third party. You are solely responsible for the User Content you post to XOOX.
You retain all ownership rights in your User Content. However, by posting User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, store, reproduce, distribute, prepare derivative works of, and display the User Content in connection with the Service and other related services of our business, including for promoting the Service, developing meta-verse, etc. Nothing in these Terms shall restrict other legal rights that XOOX Lab may have to User Content.
We reserve the right to remove or modify User Content at our sole discretion, and we do not guarantee the accuracy, quality, or integrity of any User Content.
5. User Content for Xoox Music for Pets
Xoox Music for Pets allows users to make and upload music for your pet or find music that your pet enjoys. When you create and upload music to Xoox Music for Pets, you agree to the evaluation and assignment of copyright to Xoox Lab in exchange for receiving points solely at Xoox Lab’s discretion. When points are granted, you also grant us the exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, store, reproduce, distribute, prepare derivative works of, and display the album jacket, which may or may not contain pictures of you and/or your pet.
When you upload music that infringes on the copyrights of others or uploading content that violates any other applicable laws, you are solely responsible for the liabilities and agree to indemnify Xoox Lab and hold Xoox Lab, their officers, agents and employees harmless from any liability, loss or damage as a result of claims, demands, costs or judgments against them arising out of such infringement.
Xoox Lab reserves the right to remove or restrict sharing of the music from our products and services that violates applicable laws, that we deem as unfit for our products and services at our sole discretion, that negatively impacts health and wellbeing of pets or that is flagged by our users as inappropriate or illegal. Upon removal or restricted sharing of the music, we reserve the right to withdraw the points granted to the user for the content and to revert the assignment of the copyright to Xoox Lab.
6. Advertising, Promotion, Public Relations and Challenge Contents
Users may create challenge content on the Service. When the challenge content contains product or service advertising, promotion or public relations material of a business, such business must notify Xoox Lab prior to posting such challenge content, obtain explicit permission and agree to the payment of fees determined by Xoox Lab. When such challenge content is posted without the completion of the process, Xoox Lab reserves the right to remove or to restrict sharing of such content on the Service and such user and/or the business shall fulfill the Indemnification clause of the Terms of Service.
7. Prohibited Conduct
By using the Service, you agree not to:
Post or share User Content that is abusive, threatening, defamatory, obscene, pornographic, harmful, vulgar, hateful, racially or ethnically objectionable, or otherwise violates any applicable law or infringes upon the rights of others.
Harass, threaten, embarrass, stalk, or harm any other user or pet, or to cause distress, unwanted attention or discomfort of such user or pet, or any other person or entity.
Impersonate any person or entity, or misrepresent your affiliation with a person or entity
Engage in unauthorized advertising, spamming, or solicitation.
Access or use the Service in any manner that could damage, disable, or overburden our servers or networks.
Attempt to gain unauthorized access to any parts of the Service, user accounts, or other computer systems or networks connected to the Service.
Violate, intentionally or unintentionally, any applicable local, state, national or international law or regulation.
8. Copyright Policy
We respect the intellectual property rights of others and ask that you do the same. If you believe that your copyrighted work has been copied and is accessible on the Service in a way that constitutes copyright infringement, please follow the procedure outlined in our Copyright Policy.
9. Privacy
Your privacy is important to us. Please review our Privacy Policy, which outlines how we collect, use, and share your personal information.
10. Third-Party Links and Services
The Service may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we are not responsible for any damage or loss caused or alleged to be caused by your use of or reliance on any such third-party websites or services.
11. Termination
We reserve the right to terminate or suspend your account and access to the Service at any time, with or without notice, for any reason, including but not limited to your violation of these Terms, illegal or improper use of your account, or any other conduct that we believe is harmful to the Service or other users. You may also terminate your account at any time by contacting our customer support.
Upon termination, all licenses and rights granted to you under these Terms will immediately cease, and you must cease using the Service. Any User Content you have submitted may remain on the Service at our discretion, subject to the licenses granted herein.
12. Interruption of Service
XOOX Lab reserves the right to interrupt the Service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance.
You acknowledge that the Service may be interrupted for reasons beyond the control of XOOX Lab, and XOOX Lab cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. XOOX Lab shall not be liable for any interruption of the Service, delay or failure to perform.
13. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL XOOX LAB, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. Indemnification
You agree to indemnify, defend, and hold harmless Xoox Lab, its affiliates, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising out of or in connection with your access to or use of the Service, your User Content, or your violation of these Terms. XOOX Lab reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
16. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of California and the USA, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Los Angeles County, California, for any legal action arising out of or relating to these Terms or your use of the Service.
17. General
These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and us concerning your use of the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
18. Contact Information
If you have any questions or concerns about these Terms, please contact us at [email protected] or 3600 Wilshire Blvd. Ste 726, Los Angeles, CA 90010.
Last Updated: November 11, 2023