Acceptance of Terms
- By using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and confirming that you have the authority to represent that organization to these terms listed here. In that case, “you” and “your” will refer to that organization. You may use the Services only if you have the power to form a contract with us and are not barred under any applicable laws from doing so.
Intellectual Property: Your content and Our Technology
- Except for the rights expressly granted herein, Website does not acquire any right, title or interest in or to the Content, all of which will remain solely with You. You hereby grant the Website a non-exclusive, worldwide right and license to hold and host Your content during the term of this Agreement and to do the following to the extent necessary in the performance of Services: (a) digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, store, process, retrieve, transmit as per Website’s workflow, perform and hyperlink the Content; and (b) make archival or back-up copies of the Content.
- Any feedback, data, answers, questions, comments, suggestions, ideas or the like that User sends to Host relating to the Services will be treated as being non-confidential and non-proprietary. Host may use, disclose or publish any ideas, concepts, know-how or techniques contained in such information for any lawful purpose.
- Website’s trademarks, trade names, service marks, logos, other names and marks, and related product and service names, design marks and slogans are the sole and exclusive property of Website. You may use any of the foregoing in any advertising, publicity or in any other commercial manner with the prior written consent of Website. At your discretion, You may advertise or give credit to XEditPro.com in your books and websites. Website will maintain and control ownership of all Internet protocol numbers and addresses that may be assigned by Website to User. Website may, in its sole discretion, change or remove any and, all such Internet protocol numbers and addresses.
- The Website hereby grants You a non-exclusive and non-transferable license, for the term of this Agreement, to use the provided technology solely for the purpose of accessing and using the Services. You may not use the provided technology for any purpose other than accessing and using the Services. Except for the rights expressly granted herein, this Agreement does not transfer from Website to You any right, title or interest in and to the provided technology, and all right, title and interest thereto will remain solely with Website. You will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the provided technology. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Website or content.
- The Website may modify, replace, or discontinue the Website or any part thereof at any time, for any reason, with or without notice, in XEditPro’s sole discretion. Reasonable efforts will be made to contact you in such an event with the given contact information and strive to keep your content available for your access from the Website for up to 3 months after the notice of eventual suspension or shutdown of the Services. XEditPro provides the Website on an “as is” and “as available” basis.
- You agree that you will not use XEditPro’s Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks of XEditPro.
- You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of XEditPro Trademarks or the Trademark rights claimed by XEditPro.
- You agree that you will not use any XEditPro Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.
- You may not at any time, adopt or use, without XEditPro’s prior written consent any word or mark which is similar to or likely to be confused with XEditPro’s Trademarks.
- The look and feel of the website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of XEditPro and may not be copied, imitated or used, in whole or in part, without the prior written consent of XEditPro.
- All other trademarks, product names, and company names or logos used or appearing on the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by XEditPro, unless expressly so stated.
Information You Provide
- By uploading Your Content, you grant the Website a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content using the Website and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove Your Content from the Website, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.
- You may not upload, post, or transmit any video, image, text, audio recording, or other content that:
- Infringes any third party’s copyrights or other intellectual property rights or any right of publicity or privacy;
- Contains any pornographic, defamatory, or otherwise unlawful or immoral content.
- Exploits minors;
- Depicts unlawful or violent acts;
- Depicts animal cruelty or violence towards animals;
- Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or
- Violates any law, statute, or regulation.
You agree that you shall not:
- Engage in any conduct that shall constitute a violation of any law or that infringes the rights of The Website or any third party.
Third Party Website Links from/To XEditPro
If the Website is available through any third-party platform, or if Website provides links from the Website to any third-party platform or permits any third party to link from its platform to the Website, you understand and agree that XEditPro makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of XEditPro, and XEditPro provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by XEditPro.
Warranties and Disclaimers
There shall be no liability for delays or failures in performance or in delivery of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control including but not limited to an epidemic induced shutdown, late, defective performance or non-performance by telecommunication, computer network failures or breakdown of equipment, or by third party service providers, floods, fire or an act of god. In case of a delay happening, we will be entitled to a reasonable extension of time for performing obligations. If the period of non-performance continues for 14 days, either party may terminate by written notice to the aggrieved party.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the Singapore Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be in Singapore. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. XEditPro shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of XEditPro, such action is necessary or desirable.