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Terms & Conditions

XHAIL WEBSITE TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

These terms and conditions of use ("Site Terms") apply to your use of www.Xhail.com (the "Site"), and do not alter in any way the terms or conditions of any other agreement you may have with Score Music Interactive trading as Xhail, its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorised to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify Xhail for violations of these Site Terms.

Privacy Policy

Xhail is committed to protecting and respecting your privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information.

The Site Terms (together with our Privacy Policy) govern your use of the Site.

Ownership of the Site and its Contents

The Site is owned by Xhail. Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof ("Xhail Content"), is owned by Xhail, its licensors, or its third-party image partners.

All elements of the Site, including the Xhail Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.

You agree that your use of the Xhail Content constitutes your acceptance to use such content in accordance with the Site Terms. Any other use of the Xhail Content may constitute a violation of intellectual property rights by you.

You acknowledge that certain applications and content may contain security technology that limits your usage of the Xhail Content. You agree not to attempt to, or assist any other person to, circumvent or modify any security technology or software that is part of the Site and/or the Xhail Content. Any other use of the Site and/or the Xhail Content may constitute a copyright infringement by you.

Use of the Site

This Site and the Xhail Content are intended for customers of Xhail. You may not use this Site or the Xhail Content for any purpose not related to your business with Xhail. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the Xhail Content without, or in violation of, a written licence or agreement with Xhail; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Xhail Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Xhail product or service if you are not expressly authorised by such party to do so; and (e) using the Site or the Xhail Content other than for its intended purpose. Such unauthorised use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

All Content made available through the Site is licensed, not sold to you as an end user and is limited to [private] installation only. You agree that your use of Xhail Content constitutes your acceptance to use such content in accordance with the Site Terms. Any other use of the Xhail Content may constitute a copyright infringement or other violation of intellectual property rights by you.

You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from Ireland, the EEA or the country in which you reside.

Intellectual Property

Copyright Infringement Policy

In accordance with the Copyright and Related Rights Act, 2000 and other applicable laws, Xhail has adopted a policy of terminating, in appropriate circumstances and at Xhail's sole discretion, account holders who infringe the intellectual property rights of Xhail or any third party.

Copyright Complaints

If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with us as set forth below:

By email: Support@Xhail.com or alternatively by post to the registered office of Score Music Interactive (trading as Xhail) at Media Cube, Kill Avenue, Dun Laoghaire, Dublin A96X 6X3

We may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to a user's e-mail address, or by written communication to a user's address.

Trademarks

The Xhail logo, and any other product or service name or slogan contained in the Site are the property of Xhail and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Xhail or the applicable trademark holder. You may not use metatags or any other "hidden text" utilising "Xhail" or any other name, trademark or product or service name of Xhail without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Xhail and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site 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 us.

Links / Third Party Material

You may not use an Xhail logo or other proprietary graphic of Xhail to link to this Site without the express written permission of Xhail. Further, you may not frame any Xhail trademark, logo or other proprietary information, including the Xhail Content, without Xhail's express written consent.

Certain services available via the Site may include materials from third parties. Any links to third-party websites or services provided by third party websites are only provided by Xhail as a convenience to you. You agree that Xhail is not responsible for examining or evaluating the content or accuracy of any of these and Xhail will not have any liability or responsibility for any third-party materials, websites, products or services of third parties.

Xhail makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of Xhail and Xhail is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Xhail provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Xhail of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Xhail shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

Forums & Other Interactive Services or Areas

The Site may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the Site ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:

a. Any message, comment, data, information, text, music, sound, photos, graphics, code or other material ("User Content") that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

b. User Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;

d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

e. Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;

f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

g. Viruses, corrupted data or other harmful, disruptive or destructive files; and

h. User Content that, in the sole judgement of Xhail, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which adversely affects the availability of its resources to other users (e.g. excessive shouting, use of all capital letters, or flooding continuous posting of repetitive text), or which may expose Xhail or its users to any harm or liability of any type.

Further, you agree not to delete or revise any User Content posted by any third party. Xhail takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Xhail liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Xhail is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Xhail has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Xhail reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. You acknowledge and agree that Xhail may access, use or disclose any information about you or your use of this Site, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of Xhail; or to protect the safety of our company, employees, customers or the public.

If you post User Content to the Site, unless we indicate otherwise, you grant Xhail and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Xhail and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.

Registration Data and Account Security

In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Xhail immediately of any unauthorised use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorised access to the Registration Data and any other information you provide to Company.

Indemnification

You agree to defend, indemnify and hold harmless Xhail, its subsidiaries, affiliates, licensers, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorised use of the Xhail Content, or your violation of any rights of another.

Disclaimer

THIS SITE AND THE XHAIL CONTENT ARE PROVIDED "AS IS" AND XHAIL AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. XHAIL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE XHAIL CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT XHAIL, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE XHAIL CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE XHAIL CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

Xhail uses reasonable efforts to ensure the accuracy, correctness and reliability of the Xhail Content, but we make no representations or warranties as to the Xhail Content's accuracy, correctness or reliability.

Xhail offers a search feature within the Site. Xhail explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. Xhail also disclaims any responsibility for the completeness or accuracy of any directory or search result.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Limitation of Liability

XHAIL RESERVES THE RIGHT TO MODIFY, SUSPEND, OR DISCONTINUE THE SERVICE (OR ANY PART OR CONTENT THEREOF) AT ANY TIME WITH OR WITHOUT NOTICE TO YOU AND XHAIL WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY IN SUCH INSTANCE.

IN NO EVENT SHALL XHAIL, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE XHAIL CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM XHAIL, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORISED ACCESS TO XHAIL'S RECORDS, PROGRAMMES OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF XHAIL, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO XHAIL FOR ACCESS TO OR USE OF THE SITE.

NOTHING CONTAINED IN THESE SITE TERMS SHALL RESTRICT OR LIMIT YOUR STATUTORY RIGHTS AS A CONSUMER. NOTHING CONTAINED IN THESE SITE TERMS LIMITS XHAIL's LIABILITY TO YOU FOR ANY LIABILITY WHICH CANNOT BE LIMITED OR RESTRICTED BY LAW.

 

Applicable Law and Venue

These Site Terms are governed by the laws of Ireland and both you and we submit to the exclusive jurisdiction of the Irish Courts.

Termination

Notwithstanding any of these Site Terms Xhail reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site. In the event of your account being terminated, you will remain liable for all amounts due under your account up to and including the date of termination.

Miscellaneous Provisions

Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Xhail. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.

If any part of the Site Terms are rendered to be invalid, such invalidity shall not affect the enforceability of any other provisions not held to be invalid.

Changes to Site Terms

Xhail reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.

Questions and Contact Information

Questions or comments about the Site or Site Terms may be directed to Xhail (see below)