TERMS OF USE

Terms of Use for Xoich

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THE XOICH PLATFORM.

 

By accessing or using this website, mobile application, or other Xoich product or service (collectively, the “Platform”) on any computer, mobile phone, tablet, console, or other device (collectively, “Device”), you signify that you have read, understand, and agree to be bound by these Terms and any other applicable law, whether or not you are a registered member of Xoich. Xoich may change these Terms at any time without notice, effective upon its posting to the Platform. Your continued use of the Platform shall be considered your acceptance of the revised Terms. If you do not agree to these Terms, please do not use this Platform.

 

1. The Xoich Platform

 

  • Content Ownership: Except for User Content (defined below), all of the content on our Platform – including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork, and other content (“Content”) – is owned by Xoich or others we license Content from, and is protected by copyright, trademark, patent, and other laws. Xoich reserves all rights not expressly described in these Terms. All trademarks, service marks, and trade names (e.g., the Xoich name and logo) are owned, registered, and/or licensed by Xoich. You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.
  • Usage Rights: You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use. Xoich reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason. Xoich reserves the right to take down any Content in violation of these terms or Xoich’s intellectual property rights. Xoich allowing you this limited use does not constitute a waiver of any of Xoich’s rights to the Content. Outside of the specific usage rights granted to you by Xoich in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Platform), without Xoich’s prior written consent.

 

2. Copyright Infringement

 

If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information:

 

(1) Name, address, telephone number, email address, and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) A description of the copyrighted work that you claim has been infringed; (3) A description of where on the Platform the content that you claim is infringing is located; (4) A written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (5) A statement by you, made under penalty of perjury (depending on applicable law), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

3. Linking to Third Parties

 

From time to time, Xoich may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”). You may be able to connect with these Third Parties through the Platform, but this does not mean Xoich endorses, monitors, or has any control over these Third Parties or their activities, which are subject to separate terms of use and privacy policies. You should carefully review any Third Party’s sites and terms of use and privacy policy. Xoich is not responsible for the content, policies, or activities of Third Parties, and you interact with Third Parties at your own risk.

 

4. Physical Activity

 

[See specific terms for countries like Canada, Germany, and Italy because the following exclusions and limitations may not apply to you.] The Platform may include features that promote physical activity, nutrition, or general wellness.

 

5. Applicable Law

 

If you live in one of the following countries or regions, these additional terms apply and override any inconsistent terms in these Terms of Use:

 

  • Section 3 (POSTING CONTENT ON THE PLATFORM): The first bullet point paragraph under sub-section “USER CONTENT LICENSE” is deleted and replaced with the following: “You grant Xoich a non-exclusive, transferable, royalty-free, worldwide license to display the User Content that you post on or in connection with the Platform and to share it with other Users, including the right to translate, display, reproduce, modify, create derivative works of, sublicense, and distribute the User Content. For example, we need these rights so we can copy your User Content into our databases, display it in the correct format across our mobile applications, and send your User Content to vendors who perform services on Xoich’s behalf.”
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