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XIKFAP Privacy Policy
XIKFAP Privacy Policy This Privacy Policy describes the policies and procedures of Vergil Services, Inc. (“we”, “our” or “us”) on the collection, use and disclosure of your information in connection with your use of www.xikfap.com (the “Site”), our mobile applications, and the services, features, or content we offer (collectively with the Site, the “Services”). We receive information about you from various sources, including: (i) if you register for an account on the Services, through your user account (your “Account”); (ii) your use of the Services generally; and (iii) from third party websites and services. When you use the Services, you are consenting to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy.
What Does This Privacy Policy Cover? This Privacy Policy covers the treatment of personally identifiable information (“Personal Data”) gathered when you are using or accessing the Services. This Privacy Policy also covers our treatment of any Personal Data that our business partners share with us or that we share with our business partners.
This Privacy Policy does not apply to the practices of third parties that we do not own or control, including but not limited to any third party websites, services and applications (each a “Third Party Service”) that you elect to access through the Service or to individuals that we do not manage or employ. While we attempt to facilitate access only to those Third Party Services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Services. We encourage you to carefully review the privacy policies of any Third Party Services you access.
What Information Do We Collect About You? We collect Personal Data about you when you provide such information directly to us, when third parties such as our business partners or service providers provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Services. The information we gather enables us to improve, understand, and continue to operate the Services. In connection with certain aspects of the Services, we may request, collect and/or display some of your Personal Data. Below explains in greater detail the types of information that we collect about our users.
Information You Provide to Us Account Information:
If you create an Account, register for a brand or artist channel, or register for a verified user profile, you will provide information that could be Personal Data, such as your email address, username, contact name, password, display name (for artist channel) and art preferences (for Electric Objects). You may also choose to provide additional Personal Data, including an avatar/profile picture, information about yourself, basic demographic information, a description of your channel, a brand parent company (brand or artist channel), location (brand or artist channel), your XIKFAP Channel URL (for verified user profile), attachments to your application (for verified user profile) and links to your website or social media profiles.
Additionally, if you register for or access the Services using a Third Party Service (such as your social media account login credentials), we may receive Personal Data that you have made available to share through such Third Party Service, which may include, without limitation, your name. You may also choose to include your email address. You acknowledge that this information may be personal to you, and by creating an Account and providing Personal Data to us, you allow others, including us, to identify you and therefore may not be anonymous. We may use your contact information to send you information about our Services.
User Content:
Some features of the Services allow you to provide content to the Services, and related Personal Data if you so choose. User content includes, but are not limited to, GIFs, written comments, links, and pictures. All content submitted by you to the Services and related data (e.g., technical specifications of a GIF) may be retained by us indefinitely, even after you terminate your Account or your access to the Services is terminated. We may continue to disclose such content to third parties in a manner that does not reveal Personal Data, as described in this Privacy Policy.
Information From Others As mentioned above, you may be able to register for or access the Services using a Third Party Service, such as your social media account (e.g. Facebook, Twitter, etc.). Occasionally, you can also use your Account on our Services to interact with your accounts on these other Third Party Services. For example, you may be able to access posting and sharing tools on the Services that allow you to post information to your social networks outside of the Services (“Share”). By using these tools or Third Party Services, you acknowledge that some information (such as your IP address, language preferences, timestamp and identifiers related to your request) may be transmitted to us, and that such information and content is covered by this Privacy Policy. Furthermore, if a tool, such as the Share tool, is operated by a Third Party Service, the Third Party Service that operates the tool may collect information about your browser or online activity, which would be subject to the Third Party Service's privacy policy and your account settings selected through that Third Party Service. When you use these tools, some of your information from the Services may be shared with the Third Party Service and others, including selected GIF. Therefore, we encourage you to read the privacy policies and other policies of any Third Party Services, including without limitation any applicable social networks, that you use in connection with the Services.
Information Collected Automatically We automatically receive and record information from your web browser or device when you interact with the Services, including when you search for, select, view or receive a GIF, such as your IP address, device ID, user query information and cookie information. This information is used to enable us to deliver GIFs to you, for fighting spam/malware, to improve the service and also to facilitate collection of data concerning your interaction with the Services (e.g., what links you have clicked on).
Generally, the Services automatically collect usage information, such as the number and frequency of visitors to the Site and the Services. We may use this data in aggregate form, for example, as a statistical measure or in other anonymous forms, but not in a manner that would identify you personally. This type of aggregate data enables us and third parties authorized by us to figure out how often individuals use parts of the Services so that we can analyze and improve them.
Information Collected Using Cookies Cookies are pieces of text that may be provided to your computer or device through your web browser when you access a website. Your browser stores cookies in a manner associated with each website you visit. We may use cookies to enable our servers to recognize your web browser and tell us how and when you visit the Site and otherwise use the Services. Our cookies do not, by themselves, contain Personal Data. However, we may match cookies with your Personal Data to identify you, and we may use cookies to identify that your web browser has accessed aspects of the Services and may associate that information with your Account if you have one. We may allow third party web analytics service providers to use cookies or similar technologies to collect information about your use of the Services. We use Google Analytics, a service provided by Google, Inc. (“Google”) to help us understand how users use the Services and to enhance your experience when you use the Services. For more information on Google's privacy practices, please go to https://policies.google.com/technologies/partner-sites and to opt out of data recording and analysis by Google Analytics on the Services, please visit{" "} https://tools.google.com/dlpage/gaoptout . Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave cookies active, because they enable you to take advantage of the most attractive features of the Services. This Privacy Policy covers our use of cookies only and does not cover the use of cookies by third parties. We do not control when or how third parties place cookies on your computer or device. For example, third party websites to which a link points may set cookies on your computer or device. Aggregate Information We collect statistical information about how both unregistered and registered users, collectively, use the Services (“Aggregate Information”). Some of this information is derived from Personal Data. This statistical information is not Personal Data and cannot be tied back to you, your Account, or your web browser.
How, and With Whom, Is My Information Shared? The Services are designed to help you share information with others. As a result, some of the information generated through the Services is shared publicly or with Third Party Services. What information is shared publicly depends on your privacy settings. Below further describes the ways in which we may share your information. We do not sell your Personal Data.
Public Information About You and Your Activity on the Services User profile and channel information that you choose to provide, including your username, contact name, GIFs you upload, information about yourself, your avatar/profile picture, a description of your channel, and links to your website or social media profiles, may be displayed to other users to facilitate user interaction within the Services. This information will be displayed to other users depending on your privacy settings. We will not directly reveal user email addresses to other users.
Some of your activity on and through the Services is public by default. This may include, but is not limited to, content you have posted publicly on the Site or otherwise through the Services. For registered users, all content you post publicly (or privately) will be associated with your account. Unregistered users will not have this association, but information concerning their use of the Services (such as what pages they have visited) may be tracked through the use of cookies and stored by us.
Please remember that if you choose to provide Personal Data using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services.
Information Shared Through Third Party Services You may access other Third Party Services through the Services, for example by clicking on links to those Third Party Services from within our Services. We are not responsible for the privacy policies and/or practices of these Third Party Services, and you are responsible for reading and understanding those Third Party Services' privacy policies. This Privacy Policy only governs information collected on the Services.
Information Shared In Connection with Related Services While we collect and store IP address and device ID information, that information is not made public. We do at times, however, share this information with our service providers and as otherwise specified in this Privacy Policy.
We also share Aggregate Information with our partners, service providers and other persons with whom we conduct business. We share this type of statistical data so that our partners can understand how and how often people use our Services and their services or websites, which facilitates improving both their services and how our Services interface with them. In addition, these third parties may share with us non-private, aggregated or otherwise non Personal Information about you that they have independently developed or acquired.
Information Shared with Our Service Providers We employ and contract with people and other entities that perform certain tasks on our behalf and who are under our control (our “service providers”). We may need to share Personal Data with our service providers in order to provide products or services to you. Unless we tell you differently, our service providers do not have any right to use Personal Data or other information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Data with our service providers.
Information Disclosed Pursuant to a Change in Control or Sale In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Data as set forth in this policy.
Information Disclosed for Our Protection and the Protection of Others We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Privacy Policy and our Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.
What Choices Do I Have Regarding My Information? Access and Control Your Personal Data
If you are a registered user, you can access information associated with your Account by logging into the Services. Registered and unregistered users can access and delete cookies through their web browser settings. You can use many of the features of the Services without registering, thereby limiting the type of information that we collect. You can always opt not to disclose certain information to us, but please note that such information may be needed to take advantage of some of our features. You can opt-out of certain cookies and tracking technologies by following the steps set forth in the section titled “Information Collected Using Cookies” above. Your browser may offer you a “Do Not Track” or “DNT” option, which allows you to signal to operators of websites, and web applications, and services that you do not wish such operators to track certain of your online activities over time and across different websites. Delete Your Account
Should you ever decide to delete your Account, you may do so by emailing [email protected]. Please note that we will need to verify that you have the authority to delete the Account. If you terminate your Account, any association between your Account and information we store will no longer be accessible through your Account. However, given the nature of sharing on the Services, any public activity on your Account prior to deletion will remain stored on our servers and may remain accessible to the public.
How Long Do We Retain Your Personal Data? We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you Services. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.
Is the Information About Me Secure? Your Account information will be protected by a password for your privacy and security. You need to prevent unauthorized access to your Account and Personal Data by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your Account.
We seek to protect Account information to ensure that it is kept private; however, we cannot guarantee the security of any Account information. We store all of our information, including your IP address information, using industry-standard techniques. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, Personal Data or otherwise. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
What Happens When There Are Changes to this Privacy Policy? We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is collected. If we make changes in the way we collect or use information, we will notify you by posting an announcement on the Services or sending you an email. A user is bound by any changes to the Privacy Policy when he or she uses the Services after such changes have been first posted.
What If I Have Questions or Concerns? If you have any questions or concerns regarding privacy using the Services, please send us a detailed message to [email protected]. We will make every effort to resolve your concerns.
EU or UK users If you are located in the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU or UK General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.
For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. We will be the controller of your Personal Data processed in connection with the Services. If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at [email protected].
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below. The legal bases depend on the Services you use and how you use them.
Contractual Necessity: We also process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms of Service with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data. IP Address Profile Data Device ID Cookie Data Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties (which is not overridden by your data protection interests): IP Address Profile Data Device ID Cookie Data Examples of these legitimate interests include: Operation and improvement of our business, products and services Marketing of our products and services Provision of user support Protection from fraud or security threats Compliance with legal obligations Completion of corporate transactions Consent: In some cases, including facial scans, we may process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection. Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest. What Rights Do You Have Regarding Your Personal Data? You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email [email protected]. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.
Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by updating any of the information contained in your user profile. Erasure: You can request that we erase some or all of your Personal Data from our systems. Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services. Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible. Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes. Restriction of Processing: You can ask us to restrict further processing of your Personal Data. Right to File Complaint: You have the right to lodge a complaint about XIKFAP practices with respect to your Personal Data with the supervisory authority of your country or EU Member State. Transfers of Personal Data: The Services are hosted and operated in the United States (“U.S.”) through XIKFAP and our service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to XIKFAP in the U.S. and will be hosted on U.S. servers, and you authorize us to transfer, store and process your information to and in the U.S., and possibly other countries. XIKFAP is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. What If You Have Questions Regarding Your Personal Data? If you have any questions about this section or our data practices generally, please contact us using the following information:
Email address for contact: [email protected] We obtain the categories of Personal Information listed in the “What Information Do We Collect About You?” section above from the following categories of sources:
Directly from you Indirectly when you use our services (e.g. via your web browser or device, or via cookies) Third Party Services (e.g. Facebook or Twitter) Integration Partners Use of Personal Information We may use the Personal Information we collect for the following purposes: Improve, understand, personalize and operate our Services Promote the safety, integrity, and security of our Services Communicate with you Perform other business purposes Sharing Personal Information We do not sell your Personal Information.{" "}
Rights Right to Know: You can access certain of your Personal Information by logging on to your account. Right to Request Deletion: You may request that we delete the Personal Information that we have collected from you by emailing us at [email protected]. However, we may not be required to delete your Personal Information under certain circumstances, including if such data is necessary for us to provide you with the Services, if we use such data only for our internal analytical use, and if such data is needed to complete a transaction or other action you have requested. If you request that we delete your Personal Information, you may no longer be able to use the Services. To protect your information, we may need to verify your identity before processing your request to exercise your “right to request deletion.” In some cases we may need to collect additional information to verify your identity, such as a government issued ID.
If you have questions about this section or how to exercise your rights, please contact us by emailing: [email protected]
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
XIKFAP.com 18 U.S.C 2257 Statement
All persons that appear in any visual depiction of actual sexually explicit conduct appearing or otherwise contained in this Website are required to be over the age of eighteen years at the time of the creation of such depictions.
Various visual depictions displayed on this Website are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because said visual depictions do not consist of depictions of conduct as specifically listed in 18 U.S.C section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3rd, 1995.
XIKFAP.com is not the “producer” of the user-provided content found on xikfap.com. XIKFAP' activities in providing a point of display for such content are limited to the display, transmission, storage, retrieval, hosting and/or formatting of depictions posted by third party users, on areas of the website under the user's control. Records required by 18 U.S.C. § 2257 are held by the producer(s) of such content and requests for records should be directed to the producer(s).
For further information, please contact XIKFAP support: [email protected]
REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the “DMCA”) or any other applicable intellectual property legislation or laws. Responses may include removing, blocking or disabling access to material claimed to be the subject of infringing activity, terminating the user's access to https://xikfap.com, or all of the foregoing.
If you believe any material accessible on XIKFAP infringes your copyright, you may submit a copyright infringement notification. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner's behalf.
All copyright infringement notifications and counter-notifications must be written in English. Any attempted notifications written in foreign languages or using foreign characters may, at our discretion, be deemed non-compliant and disregarded.
FILING A DMCA NOTICE OF COPYRIGHT INFRINGEMENT
If you choose to request removal of content by submitting an infringement notification, please remember that you are initiating a legal process. Do not make false claims. Misuse of this process may result in the suspension of your account or other legal consequences.
You may notify XIKFAP of alleged copyright infringement on mail: [email protected]
DMCA, notice must include substantially the following:
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material. If your complaint does not contain the specific URL of the video you believe infringes your rights, we may be unable to locate and remove it. General information about the video, such as a channel URL or username, is typically not adequate. Please include the URL(s) of the exact video(s).
Adequate information by which we, and the uploader(s) of any video(s) you remove, can contact you (including your name, email adress, postal address, telephone number and, if available,).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law..
A statement that the information in the written notice is accurate, and under penalty of perjury, that you are the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Complete complaints require the physical or electronic signature of the copyright owner or a representative authorized to act on their behalf. To satisfy this requirement, you may type your full legal name to act as your signature at the bottom of your complaint.
Please be aware that if you knowingly materially misrepresent that material or activity on XIKFAP is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees).