Terms of Service
Your use of the service is subject to Terms and Conditions.
1. Use of Service
The service is not intended for use by individuals under the age of 14. If you are a under the age of 18, you can use the service only with the agreement of, and under the supervision of, your parent or guardian. You are responsible and liable for all your activities while using the service. The use of the service is entirely at your own risk. Your activities on the service are not private; do not transmit anything that you would not want the world to be able to see.
The service may not be used to transmit material, links or references to material which:
is unlawful, hateful, offensive, vulgar, abusive, defamatory, obscene or sexually explicit, promotes self harm
is intended to harass, stalk, intimidate, threaten, victimize, deceive, degrade, embarrass, cause distress or discomfort
contains direct threats of violence or depicts violence gratuitously
promotes any dangerous or illegal activity
contains or solicits personal information
infringes anyone else's intellectual property rights
violates proprietary rights of any person
impersonates or represents another person
is otherwise deemed inappropriate by xath.hu
xath.hu does not promote groups or users that are based on religious or political views
You will not disrupt the operation of the service
You will not act in a manner that negatively affect other users enjoyment of the service
You will not harvest or collect material or user information from the service
You will not attempt to access or access any account that is not yours
You will not use automated means to perform interactions with xath.hu's systems without permission from xath.hu, except public search engines
You will not modify, adapt, translate, or reverse engineer any portion of the service
You will not resell the service without permission from xath.hu
You will not post unauthorized commercial content (eg spam or advertising)
You will not use the service in any manner deemed inappropriate by xath.hu
You will not add any kind of redirect
You will not participate in phishing or scamming schemes
You will not use the service if you are a convicted sex offender
You will not use the service if you are banned from using such services by law
makes no guarantees concerning the service
makes no guarantee that the service does not contain material that could be offensive to some
does not verify any user identities on the service
does not guarantee the proper use material on the service by any party
may pass any material to appropriate authorities
reserves the right, but has no obligation, to monitor or moderate the service
reserves the right to terminate your use of the service and remove material stored on the service at any time, for any reason
reserves the right to delete or refuse to distribute any content, or any group and to terminate or reclaim users, user names, group names and IDs.
reserves the right to amend or change the Terms and Conditions at any time without notice
You are responsible for the security and proper use of all your accounts and passwords used in connection with the service and must take all necessary steps to ensure they are kept confidential, secure, used properly and not disclosed to unauthorised people.
You must use your xath accounts on a regular basis in order to keep them active. xath.hu may, without notification, cancel your accounts which have not been used for a period of ninety (90) days.
Individuals are responsible for the material they post to the chat box but group moderators should do what they can to ensure that your users abide by the terms and conditions.
Inactive or inappropriately run groups will be disabled or passed on to other moderators.
You are responsible for the security and proper use of all your groups and passwords used in connection with the service and must take all necessary steps to ensure they are kept confidential, secure, used properly and not disclosed to unauthorised people.
You must use your xath groups on a regular basis in order to keep them active. xath.hu may, without notification, cancel your groups which have not been used for a period of ninety (90) days or if the group is largely inactive.
6. xath.hu Paid for Premium Services
xath.hu offer certain premium services that are subject to charges
all premium services purchased from xath.hu can only be used in the xath.hu chat box and within the terms and conditions of xath.hu
xath.hu retains the right to withdraw premium services
when premium services are purchased from xath.hu by the user, the amount of xaths (credits) used for that purchase will be deducted from the users account immediately. The user will not have a right to cancel the order after the order has been placed
If a user is banned from the xath.hu site for contraventions of xath.hu terms and conditions they will lose the right to a refund of xaths (credits). In some circumstances unused credits may be refunded to the user if more than 200 xaths remain in a deactivated user account. The costs incurred by xath.hu in providing this refund will be deducted from the outstanding user balance in question. If the costs exceed the balance no refund will be made.
The site includes fictional currencies (e.g. xaths, days), which may be purchased with real world currency and can then be exchanged on this Site for limited license right(s) to use a feature of our product when, as, and if allowed by xath.hu and subject to the terms of service. Regardless of terminology used, xath.hu Credits are not redeemable for any sum of real world money or monetary value from xath.hu at any time. You agree that xath.hu has the absolute right to manage, regulate, control, modify and/or eliminate such Credits as it sees fit in its sole discretion, in any general or specific case, and that xath.hu will have no liability to you based on its exercise of such rights. xath.hu Credits cannot be used for any kind of wagering, betting or gambling either within or outside of our Site.
xath.hu does not assume any responsibility associated with your transactions with such third parties. xath.hu is the sole owner of Credits, and as such, retains all intellectual property rights affiliated with ownership. You acknowledge that at no time do you own, nor have any right to, the intellectual property affiliated with Credits. You are hereby prohibited from reselling or distributing Credits without the expressed written consent of xath.hu.
There will be no refunds for any unused credits for any portion of the Service in the case of cancellation or account locking, suspension or termination by xath.
Under this Terms of Service agreement you must first contact xath.hu to attempt to resolve any billing disputes before contacting your bank or credit card company to dispute the charges. You further agree that any billing disputes must be submitted in writing (by fax) to our billing department within one month of the invoice payment in question. By using our services You agree to the above policy and to contact xath.hu before contacting your financial institution to seek a resolution. In the event you dispute charges contrary to this agreement, we reserve the right to add a $150 collection chargeback fee per transaction and to refer your account or sell your debt to a third party collection agency. We also reserve the right to take further legal action against you.
7. Tortuous Conduct
You are expected to request and respond to support and other issues in a courteous manner, when emailing, calling, submitting online tickets or using live chat with a representative of xath.hu. Any cursing, yelling, or further intentional disruptive behavior aimed at xath.hu or its employees shall be considered a violation of this Terms of Service agreement. Any threat; whether orally, verbally, in written, via E-mail, via live chat, delivered by second parties or delivered in any other way, and directed towards xath.hu or any of xath.hu's employees, partners, staff, contractors, sub-contractors, facilities, offices, etc. shall be construed as a violation of this Terms of Service agreement.
xath.hu does not resolve disputes between users and does not guarantee that users will comply with our terms and conditions or otherwise behave appropriately. If you are the victim of offensive or inappropriate behavior or receive any other unwanted communications, you should use the built-in facilities to block the messages as well as seeking appropriate external help, for example from law enforcement authorities. If you continue to suffer problems, or are not satisfied, then you must stop using the service. You may report people who you believe to be breaking the terms of service to xath.hu/support but you should not expect their group or account to be deleted as a result of your report, xath may take action against them including suspending or locking accounts with no further communication with you.
It is your sole responsibility to ensure that you are not scammed or phished while using the service. xath.hu is unable to resolve scamming or phishing disputes between users, this includes but is not limited to reversing trades, returning xaths, days, powers after a bargain did not turn out as you expected. You may report scammers and phishing sites to xath.hu/support, xath may take action against them including suspending or locking accounts with no further communication with you.
YOU ARE SOLELY RESPONSIBLE FOR ANY DISPUTES BETWEEN YOU AND OTHER xath USERS INCLUDING WITHOUT LIMITATION, DISPUTES CONCERNING TRANSACTIONS WITH OTHER MEMBERS. xath.hu RESERVES THE RIGHT, BUT HAS NO OBLIGATION TO MONITOR OR RESOLVE DISPUTES BETWEEN xath USERS. YOU WILL NOT HOLD xath.hu RESPONSIBLE FOR OTHER USERS' CONTENT, ACTIONS OR INACTIONS. IF YOU HAVE A DISPUTE WITH ONE OR MORE xath USERS, YOU RELEASE xath.hu, ITS AFFILIATES, AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
9. Copyright Infringement
To file a notice of infringement, you must provide a written communication (by fax).
DISCLAIMERS OF WARRANTIES
THE SERVICE AND THE MATERIALS ARE PROVIDED "AS IS"; AND "AS AVAILABLE", AND WITHOUT WARRANTY BY xath.hu, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, xath.hu EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT. THERE IS NO WARRANTY THAT THE SERVICE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE. xath.hu DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR THE MATERIALS WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU WILL NOT HOLD xath.hu RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING THE SERVICE OR USING THE SERVICE AND/OR THE MATERIALS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO xath.hu.
UNDER NO CIRCUMSTANCES SHALL xath.hu BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE AND/OR THE MATERIALS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL xath.hu BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE AND/OR THE MATERIALS, EVEN IF xath.hu, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, xath, SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND REGARDLESS OF TERMINOLOGY USED, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE GROUPS OR ACCOUNTS, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE GROUPS OR ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF xath.hu.
These Terms shall be governed in accordance with the laws of England and Wales and all disputes shall be decided in the courts of England and Wales.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions, we agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. If we fail to enforce any provision of these terms of service, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. This Terms of Service is the complete and exclusive statement of the agreement between you and xath concerning the Service, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and xath. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Except for clauses excluding or restricting our liability a person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
Data is collected when you use the service (e.g. create an account, make a purchase, send messages, create a ticket or send xath an email). The following data may be collected:
- Accounts (including payment details but not financial data)
- xath group information
- Messages sent on the service
- Log files of interactions with the service and servers (including IP addresses)
- Tickets and E-mails
You may provide personally identifiable information in order to use certain Services and to obtain support from xath. If you do not want to provide xath with any personally identifiable information, you should not use the Services that require such information. Other Users may also provide xath with your personally identifiable information.
xath only uses this data, which may include potentially personal data, when it is lawful for xath to do so (e.g. to provide the service you have requested, for our legitimate interests in managing and improving the service and to comply with legal or regulatory obligations). Any potentially personal data that is collected is only used for the purposes for which it was originally collected.
To deliver you the Service and send you notices related to the Service, your Account and necessary updates. This includes fulfilling your requests for products and services and delivering content to you that is sent by other Users. To deliver your content to other Users (we will share your User name with Users to whom you send content). If you do not want to share this information, you should limit the content that you share and the Users that you share it with.
To manage your Account and Account access, provide you with Software and Materials, purchase confirmations, support and customer service and to keep track of support and customer service requests.
To determine the technical capabilities of your device and the appropriate content to deliver to you. xath may disclose personally identifiable information to its partners in order to provide the Service, resolve service problems and correct errors in the Service (including customer inquiries, billing and credit corrections), to communicate with you about the Service, and to enhance your experience on the Service.
Your data may be transferred to a different legal jurisdiction and this will only be done where adequate level of data protection is available. For example, in the case of the USA; an approved contract and Privacy Shield registration.
Potentially personal data is only retained for as long as necessary. The duration the data is retained varies; considering the quantity of data, the type of data, the risk of harm should the data be accessed without authorization. In addition, there are regulatory, security, tax, law enforcement and legal requirements that may require data to be retained for a longer period of time. Where it is practical the retained data is encrypted and/or anonymized.
In some circumstances, you may request your potentially personal data and/or its deletion e.g. where there is no good reason for xath to retain or process it. The will likely require xath to confirm your identity to ensure that data is neither made available to an unauthorized third party or incorrectly deleted. Alternatively, you can use the self service tools to delete your account or group.
When you visit any web site, it may store or retrieve information on your browser. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. This service stores data (e.g. HTTP Cookies, HTML5 Local Storage) in your browser to deliver the service.
These are needed for the service to function and cannot be switched off in our systems (e.g. setting your privacy preferences, Cloudflare security functionality). You can set your browser to block or alert you about these, but some parts of the site cannot work work without them. They do not store any personally identifiable information.
Third party: Cloudflare, Amazon AWS ELB
They are usually only set in response to actions made by you which amount to a request for services e.g. creating an account, setting your preferences on the service.
These are used to monitor the service for the purposes of management and development of the service. They do not store any personally identifiable information.
Third party: Google Analytics
xath does not knowingly collect personal information from children under the age of 13. xath requests that children under the age of 13 not use the Service nor submit any personal information to the Service. Since information regarding children under the age of 13 is not collected, xath does not knowingly use or distribute personal information regarding children under the age of 13. If xath obtains actual knowledge that it has collected personal information about a child under the age of 13, that information will be immediately deleted from our database.
xath takes appropriate steps to help ensure data privacy and security including through various hardware and software methodologies. However, due to the open communication nature of the Internet, xath cannot guarantee that communications between you and the Service, and the Service and you, will be free from unauthorized access by third parties. Users of the Service do so at their own risk. xath cannot guarantee the security of any information that is disclosed online.
Third Party Websites and Services
The service may contain links to third party websites/content. xath is not responsible for the privacy policies of websites and services to which the Service links, or of which the Service is a part. If you provide any information to such third parties different rules regarding the collection and use of your personal information may apply. xath strongly suggest you review such third party's privacy policies before providing any data to them.
Contact, Corrections and Updates
If you have any questions or comments about this policy, please contact https://xath.hu/ticket.
Date: 25 May 2015