XIKFAP User Terms of Service

This Terms of Service agreement (together with XIKFAP Privacy Policy (www.xikfap.com/privacy) and DMCA Copyright Policy (www.xikfap.com/dmca)) govern your access and use of www.xikfap.com (the “Site”) and all other products, services, features, content or applications that link to these Terms (together with the Site, the “Services”) offered by XIKFAP (“XIKFAP”, “we”, “us” or “our”).

Please read these Terms fully and carefully before using the Services, because these Terms form a legally binding contract between you and XIKFAP for your use of the Services. As described in Section 12, you agree that unless you opt out, all disputes between you and XIKFAP will be resolved by individual arbitration, and you waive your right to trial by jury, or to participate in a class action lawsuit or class-wide arbitration.

By using the Services, you agree to be bound by these Terms. From time to time, we may modify or update these Terms, effective upon posting through the Services. If you use the Services after any such change, you accept these Terms as modified.

In other words: By using anything offered by XIKFAP, you automatically agree to this legal agreement. You also accept any updated version of this agreement by continuing to use the Services.

1. Eligibility.

The Services are not directed towards, nor intended for use by, anyone under the age of 18. By using the Services, you represent and warrant that you are at least 18 years of age. If you are under 18, you may not, under any circumstances or for any reason, use the Services. Notwithstanding the foregoing, if you are a resident of the European Union, United Kingdom, Lichtenstein, Norway, or Iceland, you must be at least 18 years of age to use the Services. You are solely responsible for ensuring that these Terms comply with all applicable laws, and your right to use the Services is revoked wherever these Terms or your use of the Services conflicts with any laws. In other words: You MUST be at least 18 years old to use the Services. Do not use the Services if it would mean breaking the law.

2. Your Account.

You may need to sign up for an account on XIKFAP in order to use parts of the Services. You must provide accurate and up to date information for your account. You promise not to (i) intentionally impersonate another person by using their name or email address, (ii) use an offensive name or email address, or (iii) use a name or email address for which you do not have proper authorization. We reserve the right to require that you change your username or use another email address. You are prohibited from using another person's account or registration information for the Services without their permission. You are responsible for all activity that occurs on your account, and for keeping your password secure. You promise to immediately let us know if there is any unauthorized use of your account. You can delete your account at any time, either directly or through a request to us.

In other words: If you sign up for an account on the Services, you are responsible for all activity on your account. Be mindful about protecting your account password and let us know immediately if you think there are any issues.

3. Content You Contribute.

You are solely responsible for all of content you contribute to the Services (“User Content”) and as between you and XIKFAP, you own your User Content. You hereby do and shall grant us a non-exclusive, worldwide, perpetual, royalty-free, fully paid, transferable, sublicensable right to use, modify, reproduce, distribute, prepare derivative works of, display, perform and otherwise fully exploit such User Content (including all related intellectual property rights) in connection with the Services and our business. You promise that you have all rights to grant such license to us without infringement or violation of any third party rights. If you contribute User Content through a public part of the Services, you acknowledge that such User Content will be accessible to other users. Please do not publicly post or submit any User Content that you do not want publicly accessible or viewable, or that you do not have rights to post.

In other words: You own all content you contribute to the Services, but you're ok with XIKFAP using it in connection with its Services. Public Information is public, so don't include any private or sensitive information in any public part of the Services.

4. XIKFAP Proprietary Rights.

We and our licensors own and retain all proprietary rights in the Services. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Services. The Services may contain copyrighted material (such as text, graphics, photographs, images, and illustrations), trademarks, and other proprietary information and materials of us and our licensors. Except for content that is in the public domain or content that you have permission to use in connection with your use of the Services and in compliance with these Terms of Service, you shall not copy, modify, publish, transmit, distribute, perform, or display any content, nor shall you sell, license, rent, or otherwise use or exploit any content for commercial use or in any way that violates any third party right. The Services are protected by U.S. and international copyright laws. We can (but do not have to) remove, block, edit or modify any content in our sole discretion at any time, without notice to you and for any reason or for no reason at all. We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to satisfy applicable laws or protect the rights, property or safety of us, our users and the public.

In other words: You're allowed to use the Services only in accordance with this agreement. Generally speaking, you're only allowed to use content that you find on the site in connection with your use of the Services and solely for personal and non-commercial purposes. We can edit, take down, or block any content on the Services at any time.

5. Acceptable Use.

As a condition of your use of the Services, you agree to use the Services only for lawful purposes and to comply with these Terms and all applicable laws. You agree not to, and shall not allow anyone else to, submit any content or otherwise take any action that (i) infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy or other right of any other person or entity (see our DMCA Copyright Policy at www.xikfap.com/dmca ), (ii) is unlawful, pornography content that includes animal/s, or humans who are in positions with animal/s content that includes children or teenagres under 18, content that includes people who aren't in their complete health or has mental issues harmful, content should not include any real rape or force in any way fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, (iii) impersonates any person or entity, (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”), (v) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program, (vi) uses any manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Services, (vii) attempts to decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services, (viii) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure, (ix) interfere or attempt to interfere with the security or proper working of the Services, or (x) otherwise take any action in violation of our terms.

In other words: You must comply with the law and this agreement, and you promise not to take any action or submit any content that is prohibited or harmful, including violating or attempting to violate the security of the Services.

6. Links to Third Party Services.

You may be able to link to third party websites, services or resources (collectively, “Third Party Services”) on the internet, and some Third Party Services may link to the Services. We do not control Third Party Services in any way, and you acknowledge and agree that we are not responsible or liable, directly or indirectly, for the content, functions, legality or any other aspect or materials of any Third Party Services, or for any damage or loss in connection with your use of any Third Party Services. We encourage you to review the terms of service and privacy policy of any such Third Party Services.

In other words: We don't control any third party sites or services and won't be liable for any issues that may result from your use. Please review the terms of service and privacy policy of any third party site or service.

7. Termination.

We may terminate or suspend your account or access to the Services at any time, with or without notice, which may result in the loss of all information associated with your account. You may also delete your account and/or your use of the Services at any time by following the directions through the Services. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation, ownership provisions, warranty disclaimers, indemnity, limitation of liability, and dispute procedures.

In other words: We can choose to terminate or suspend your use of the Services at any time. You can also choose to delete your account or stop use of the Services at any time, but note that parts of this agreement still apply to you even after you stop using the Services.

8. Warranty Disclaimer.

You acknowledge that we have no control over, and no duty to take any action regarding: (i) what content you access via the Services; (ii) what effects the content may have on you, and how you may interpret or use the content; or (iii) what actions you may take as a result of having been exposed to the content. We make no representations concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. THE SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

In other words: The Services are provided “as is.” You are solely responsible for how you choose to use the Services or what actions you take as a result of your use of the Services.

9. Indemnification.

You shall defend, indemnify and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Services, or otherwise from your violation of these Terms, or infringement by you, or any third party using your account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

In other words: We hope this never comes up, but just in case it does, you agree to reimburse us for any loss we suffer that is tied to your use or misuse of the Services, violation of this agreement, or infringement of any third party's right.

10. Use of the Services on a Mobile Device.

We make available software to access the Services via a mobile device. Such software is considered part of our Services and subject to the terms and restrictions herein. Any third party code that may be incorporated in such software is covered by the applicable open source or third party end user license agreement, if any, authorizing use of such code. Some third party code may be licensed under a GPL or similar type license, and such software is not subject to the restrictions on reverse engineering set forth herein.

In other words: We may use open source software in connection with our applications, and such software is subject to the terms of their applicable open source licenses.

11. Miscellaneous.

These Terms contain the entire agreement between you and us regarding the use of the Services. If any provision of these Terms is held to be invalid, illegal or unenforceable in any respect, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver. You and we are independent contractors, and no agency, partnership, or joint venture relationship is intended or created by these Terms. The section and paragraph headings in these Terms are for convenience only and shall not affect the interpretation of these Terms. You agree that, except as otherwise expressly provided in these Terms there shall be no third party beneficiaries. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.