Welcome to XPNetwork, LLP, a Nevada limited liability partnership (“XPN”, “we”, “us” or “our”). The
following terms and conditions (these “Terms”) apply to your use of our mobile application(s) (“App”),
and to all content, and functionality offered on our Platform (as defined below) on or through our website
and App (our Platform, all website content and our App, collectively our “Service”), whether used as a
guest or a registered end-user.
THESE TERMS CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION
WAIVER PROVISION. IF YOU ACCEPT THESE TERMS, YOU AND XPN AGREE TO RESOLVE
DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND GIVE UP THE RIGHT TO GO TO
COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION.
YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS USING OR
ACCESSING OUR SERVICES INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO
ACCESS TO YOUR ACCOUNT. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE
OF MAJORITY, UNDERSTAND AND ACCEPT THESE TERMS (INCLUDING ITS DISPUTE
RESOLUTION TERMS).
Our Service may allow you to post content on or interact with platforms and products provided by other
parties. Your use of such third-party platforms shall be subject to separate agreement between you and
each such third-party. Nothing contained in such third-party agreements shall override these Terms.
1. Acceptance of the Terms of Service
You agree to accept these Terms by (a) either using our Service, or (b) by opening an account under a
username (“Account”). BEFORE YOU DO EITHER OF THOSE, PLEASE READ THESE TERMS
CAREFULLY. By using our Service, you accept and agree to be bound and abide by these terms. If you
do not want to agree to these Terms, you must not use our Service or set up an Account.
You also agree to abide by other XPN rules and policies, including our Privacy Policy (which explains
what information we collect from you and how we protect it) that are expressly incorporated into and are
a part of these Terms. Please read them carefully.
Once these Terms begin to apply to you, you are bound by them until they no longer apply (see Section
16 (Termination and Cancellation)).
2. Changes to the Terms of Service
We may update these Terms from time to time. Please check this page regularly to note changes to our
Terms. We may send you links to inform you of the changes we make. Your continued use of our Service
following our website updates (whether on your future logins or otherwise) or emails to you in respect of
the revised Terms shall be deemed acceptance of the changes to the Terms.
3. Accessing our Services and Account Security
To access certain part of the Platform and to obtain our Services, you will be asked to provide registration
details, including your name and email, and other information to create an Account. You promise that all
the information you provide in Account set-up will be correct, current, and complete. Please treat your
log-in information (other than username) as confidential as you are responsible for all transactions
conducted and communication transmitted while your log-in credentials are being utilized. You may only
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access our Services through your own account. Users do not own their Accounts. Sharing of Accounts is a
breach of these Terms and gifting or otherwise transferring of Accounts, credentials, or anything
contained within your profile (e.g. rewards, credits, entitlements) is prohibited (see Section 16
(Termination and Cancellation) to also understand impact of suspension or termination of your Account
and your privileges).
As part of your Account profile, you may display an avatar or portray your card collection. We reserve the
right to change your display name if we deem it offensive, misleading, potentially infringing the rights of
third parties.
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH OUR SERVICE INCLUDING
WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION
OF ANY PART OF OUR SERVICE , OR ANOTHER END-USER ACCOUNT, IS A VIOLATION OF
OUR POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS APPLICABLE IN
YOUR JURISDICTION.
4. Services – What We Provide
We provide a software-as-as-service platform (“Platform”) that serves as an end-user’s digital
playground in relation to certain publisher’s board games and card games (“Games”). We give you the
opportunity to enhance your Game playing experience both in physical spots (“Premises”, e.g. board-
game cafés, bookstores, or any space being used to gather Game participants that a Host has arranged, by
ownership or a temporary right to use, for Games to be played) as well as online. While our Platform’s
benefits and features will evolve to meet your needs, we envision Account holders being able to, among
other things: find Premises or online groups where players are gathering to play Games (“Event”); attend
Events and huddle up in groups on the Platform; review leaderboards and score cards and record your
own scores, including in real time at an Event; interact with others who are at the Event; share other facets
of game play either locally at the Premises or on social media; review content as provided by Publishers,
Hosts (as defined) or us including in relation to Games, Events or a Publisher; earn loyalty or other
rewards from individuals or entities who are providing the Premises for the game playing experience
(“Hosts”) or entities that publish or distribute the games (“Publishers”).
We grant you, during the Term (as defined), a revocable, non-exclusive, right and license to download,
install and use our App on your mobile devices or as applicable, use our Service through any method by
which you access the Internet. Your use of our Service is conditional on compliance with these Terms –
please pay close attention to the restrictions under Section 8 (Restrictions and XPN Responses) below and
Section 6 (Intellectual Property Rights).
You may be able to post comments on our Platform. All comments shall be subject to the terms under
Section 6 (Intellectual Property Rights) below.
You understand our Service is meant for adults, and you must be of legal age in your jurisdiction to open
an Account. Without parental or guardian consent, those below legal age should not access, use, or post
comments in our Platform.
We retain the right, solely at our discretion, to decline your use of our Service, suspend or terminate your
Account, modify any content that has been published in our Platform, or cancel or reverse transactions
executed through our Platform, as described further in these Terms.
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We may interact with you in accordance with applicable laws and the features available through our
Service. For instance, we may request your consent for push notifications from our Platform including
receipt of marketing material, Event timing, scores, and messages from Publishers or Hosts You have the
right to change what you receive by modifying the settings in our Service.
As per our disclaimers set out under Section 13 of these Terms, we provide our Service “As Is”. You may
be offered different versions (e.g. beta or final) of certain features of the Platform as part of our Service.
You may have different functionality offered to you in different versions. You use each version at your
own discretion and risk.
5. Fees and Payment
There is no fee to open your Account. The App may offer you, from time to time, opportunity to make
purchases through the Platform. All in-App purchases are subject to applicable taxes.
Transactions initiated from our App are finalized on third party platforms (e.g. Apple App Store)
(“Mobile App Stores”). For transactions to be completed, Mobile App Stores collect your personal
details, including credit card data. You will be subject to Mobile App Stores’ terms of use.
You may also be subject to the terms of any payment processing service provider (e.g. Stripe) we utilize
in our Platform to offer you purchase capabilities, including terms which apply to the storage of your
personal information, including those relating to your credit card. XPN does not record your credit card
information. Except if required by law, we do not provide refunds, regardless of whether any item or
Service you purchased through and whether it meets your needs or looks as you imagined it would. If a
refund is granted or required, fees paid via credit card will be refunded back to the original credit card.
The process might take up to sixty (60) days.
6. Intellectual Property Rights
Our Service utilizes and contains technology, capabilities and certain content provided by us as well as
our licensors (our “Intellectual Property”) that may be subject to copyrights, patents, trademarks,
moral rights, and other intellectual property rights relating thereto in all countries (our
“Intellectual Property Rights”).
XPN and its licensors retain all right, title, and interest in our and their Intellectual Property respectively.
We may provide you certain outputs on our Platform, which may include but not be limited to certain
imagery, audio, written content, or videos (all such items, “Our Content”) that you may publish on the
Internet, including on social media sites. You do not own Our Content. Instead, we, under our Intellectual
Property Rights, hereby grant you a non-exclusive, revocable, transferable, sublicensable, royalty-free,
license to exploit Our Content, including downloading, sharing on other platforms in accordance with
applicable laws (see Section 13 (Disclaimer)), and creating derivative works, subject to (a) attribution –
you hereby agree to ensure you keep any watermark or other trademarks or any other marks we include
on the Content in any use or exploitation of Our Content, including in any derivative form, and any such
removal shall be a breach of these Terms, and (b) the applicable restrictions set out under Section 8
(Restrictions and XPN Responses).
As our Platform evolves, you may be able to upload content (e.g. commentary or other material in any
form in respect of Games, Events, Publishers, or our Services) on the Platform and publish such content
(“Your Content”) on various parts of the Platform that may be accessible for review or use by another
Account holder or by XPN or our licensors.
You understand that Your Content, once submitted or uploaded is subject to use by XPN and its licensors,
directly or through the use of a contractor third-party, for any purpose, including for marketing, improving
a product or service, or for communicating with you (“Our Use”).
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You hereby: (a) agree that Your Content will be considered non-confidential and non-proprietary; and (b)
you grant XPN and its licensors a nonexclusive, royalty-free, perpetual, irrevocable, and fully
sublicensable license and right to use, distribute, reproduce, modify, adapt, publish, translate, publicly
perform, display, re-use, and redistribute Your Content in any form, format, or media for all purposes,
including but not limited to commercial use and purposes throughout the world in any media; however,
we will only share personal information that you provide in accordance with our Privacy Policy.
You represent and warrant that: (a) you have the requisite rights, including Intellectual Property Rights, to
utilize and display all Your Content; (b) you are duly authorized to grant us and our licensors rights for
Our Use; (c) Our Use of any of Your Content is not in violation of any agreement or understanding you
have entered into with another party; (d) (Your Content as submitted is accurate and not fraudulent or
deceptive; and (e) Your Content does not violate these Terms or the rights (Intellectual Property Rights or
otherwise) of any third-party and will not cause injury to any person or entity. You acknowledge that if
you do not have the right to submit Your Content for such use, it may subject you to liability. XPN takes
no responsibility and assumes no liability for any of Your Content or content provided on the Platform by
a third-party. XPN has the right but not the obligation to monitor and edit or remove any of Your Content.
XPN RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY OF YOUR
CONTENT AT ITS DISCRETION, WITH OR WITHOUT NOTICE TO YOU.
7. Feedback
If you provide XPN with any Feedback (as defined below), you hereby grant XPN a non-exclusive, fully
paid, royalty-free, worldwide, perpetual, irrevocable, sublicensable, transferable, and assignable license to
use, reproduce, distribute, modify, adapt, prepare derivative works based on, publicly perform, publicly
display, make, have made, use, sell, offer to sell, import, and otherwise exploit any and all Feedback for
any purposes, for all current and future methods and forms of exploitation. “Feedback” means
suggestions, comments, ideas, and all other types of information, including software and code, that you
provide, publish, or otherwise communicate directly or indirectly (including your employees, agents,
contractors, or representatives) to XPN or its agents that relates to our Service. If any such rights may not
be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree
not to assert any such rights. You understand and agree that we are not required to make any use of any
Feedback that you provide. You agree that if we make use of your Feedback, we are not required to credit
or compensate you for your contribution. You represent and warrant that you have sufficient rights in any
Feedback that you provide to us to grant us and other affected parties the rights described above. This
includes but is not limited to intellectual-property rights and other proprietary or personal rights.
8. Restrictions and XPN Responses
You agree that in respect of our App, our Platform and website, you will not (a) bypass, undermine or
interfere with security measures of our Service or with features that limit or restrict the copying or usage
of any proprietary material or features which enforce usage constraints our Service or any of Our Content;
(b) introduce, share, or send any unrequested or unauthorized promotions, advertisements, spam, chain
mails, or any solicitation forms; (c) manipulate any TCP/IP packet details or any header information in
any communication or misuse our Service to share false or misleading source-identifying information; (d)
share or distribute through our Service any content, including in Your Content, that is unlawful,
misleading, obscene, incites illegal activity, harmful, threatening, harassing, defamatory, libelous, crude,
violent, hateful or that comprises symbols or objects of hatred, invades another's privacy, contains explicit
(e.g. nudity, pornography) content, promotes hate speech, or is deemed objectionable by a reasonable
standard; (e) distribute or send through our Service any malicious software or any code, files, or programs
meant to interrupt or damage computer software, or disrupt any user's access to Services or any network
operations; (f) use unsanctioned methods to alter or redirect, or attempt to change or redirect, any aspect
of our Service; (g) actually do or try to disrupt or hinder any of our Service's web pages or App’s screens,
connected servers or networks, or the technical systems of XPN's service providers; (h) try to detect, scan,
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or test any vulnerabilities of our Service or any XPN system or network, or breach or override any
security or authentication protections for our Service; (i) decipher, decode, disassemble or reverse
engineer any software powering our Service or attempt such actions; (j) gather or store personal data
about other users without their clear consent; (k) pretend to be someone else or falsely represent your
association with any entity, deceive or engage in harmful activities; (l) access our Service in ways that are
not authorized by this Agreement; (m) leverage our Service to produce datasets for neural network
training; (n) endanger or attempt to endanger minors; (o) harass or attempt to harass others; (p) misuse
our Service in ways that could harm us, our partners, or any of our associates or customers; (q) sell or
distribute our Service or any of its parts; (r) use robots, scripts, or manual methods to copy or "scrape"
material on our Platform or App without XPN's explicit permission; (s) mimic our Service's features or
produce effects similar to our Service's effects, create competing products or technologies; or (t) frame,
mirror, or otherwise incorporate any part of the App, Platform or website into another website, app, or
service without our prior written consent.
In addition, in respect of Our Content, you will not (i) remove any attributions from any of Our Content,
(ii) submit pictures of individuals without their express written consent and NEVER any picture of any
child if you are not their legal guardian, (iii) infringe on any person’s rights, including any Intellectual
Property rights, or (iv) attempt to circumvent any payment or other pay wall in respect of any benefit for
which an Account holder may be required to pay.
Violation of any of the foregoing could expose you to liability, and in some cases criminal charges and
civil suit. We reserve the right to terminate your Account immediately if your violation of any of the
foregoing is non-trivial or in our discretion, harmful to the public, us, any other Account holder, or our
licensors.
We respect the intellectual property rights of others and are committed to complying with the provisions
of the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyrighted work has been
copied, reproduced, or distributed on our Services in a way that constitutes copyright infringement, you
may submit a notification to us in accordance with the DMCA.
9. Representations
In addition to the representation about your age above in these Terms, you represent that you are not (a)
the subject of economic or trade sanctions administered or enforced by any governmental authority or
otherwise designated on any list of prohibited or restricted parties (including but not limited to the list
maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury) or (b) a
citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-
wide, territory-wide, or regional economic sanctions by the United States. Finally, you represent that your
access and use of any of our Services will fully comply with all applicable laws and regulations, and that
you will not access or use our Services to conduct, promote, or otherwise facilitate any illegal activity.
10. Links
You may link to publicly available portions of our Service if you do so in a way that is fair and does not
damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest
any form of association, approval, or endorsement on our part. As per our restrictions, our Service must
not be framed on any other website or service. We reserve the right to withdraw linking permission
without notice.
If our Service contain links to other sites and resources provided by third parties, these links are provided
for your convenience only. We have no control over the contents of those sites or resources and accept no
responsibility for them or for any loss or damage that may arise from your use of them.
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11. Indemnification
This section only applies to the extent permitted by applicable law. You agree to defend, indemnify, and
hold harmless XPN, its affiliates, and licensors, and their respective officers, directors, employees,
contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments,
awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from (a) any claim
that, if true, would constitute a breach by you of these Terms or negligence by you, (b) any act by you in
using our Service or Our Content, or (c) any claim of infringement or violation of any third-party
intellectual property rights arising from use of Your Content. You hereby agree to reimburse XPN on
demand for any defense costs incurred by XPN and any payments made, or loss suffered by XPN,
whether in a court judgment or settlement, based on any matter covered by this indemnification
obligation.
12. Limitation of Liability
Some countries, states, provinces, or other jurisdictions do not allow the exclusion of certain warranties,
or the limitation of liability as stated in this section, so the below terms may not fully apply to you.
Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted
by the laws of such jurisdictions.
To the full extent permissible by law, XPN will not be liable for any loss of profits or any indirect,
incidental, punitive, special, or consequential damages arising out of or in connection with this these
Terms. Further, to the full extent permissible by law, XPN’s aggregate liability arising out of or in
connection with these Terms will not exceed the total amounts you have paid (if any) to XPN directly
under these Terms during the twelve (12) months immediately preceding the events giving rise to such
liability, and in the absence of any payment by you to XPN, $100. These limitations and exclusions
regarding damages apply even if any remedy fails to provide adequate compensation.
13. Disclaimer
OUR SERVICE AND ALL INFORMATION, CONTENT AND OTHER SERVICES INCLUDED ON
OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SERVICE ARE PROVIDED BY
XPN ON AN “AS IS” AND “AS AVAILABLE” BASIS. XPN MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR
SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING
SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO
YOU THROUGH OUR SERVICE.
TO THE FULL EXTENT PERMISSIBLE BY LAW, XPN DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XPN DOES NOT
WARRANT THAT OUR SERVICE, INFORMATION, CONTENT, MATERIALS, PRODUCTS
(INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH OUR SERVICE, XPN’S SERVERS, OR ELECTRONIC
COMMUNICATIONS SENT FROM XPN ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. XPN PROVIDES NO GUARANTY THAT OUR CONTENT OR PERFORMANCE
WILL MEET ANY OBJECTIVE OR SUBJECTIVE STANDARD OR ANY CRITERIA. XPN DOES
NOT PROMISE TO PRESERVE YOUR CONTENT OR REWARDS/PRIZES IN OUR SYSTEM OR
HELP YOU RETRIEVE ANY SUCH DELETED ITEMS.
YOUR RELIANCE ON ANY FEATURE OR BENEFIT, INCLUDING ACCURACY AS RELATED TO
LOCATIONS, OTHER PARTICIPANTS IN EVENTS, HOST INFOMRATION, REQUIREMENT FOR
PARTICIPATION, OR ANY OTHER GAME, HOST, OR ANOTHER END-USER, IS STRICTLY AT
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YOUR OWN RISK. WE DO NOT IN ANY WAY TAKE ANY RESPONSIBILITY IN RESPECT OF
ANY SERVICE, PRODUCT, FACILITY, EVENT LOCATION, GAME PERFORMANCE, END USER
BEHAVIOR, PUBLISHER BEHAVIOR, HOST BEHAVIOR, OR SAFETY IN RESPECT OF THE
FOREGOING. WE ONLY PROVIDE A PLATFORM TO BE USED BY PARTIES – WE DO NOT
ENDORSE ANY PERSON, PRODUCT, HOST, GAME OR END-USER IN ANY WAY. YOU
ENGAGE IN ALL ACTIVITIES AT YOUR OWN RISK.
WE DO NOT GUARANTEE THAT YOUR CONTENT OR ANY REWARDS OR ENTITLEMENTS
WILL REMAIN INTACT OR NOT BE IMPACTED BY OUR OWN ACTION, OR THE ACTIONS OF
A THIRD PARTY, INCLUDING AN UNSANCTIONED THIRD PARTY SUCH AS A PARTY
SUBJECTING OUR SERVICES TO A CYBERATTACK. IF AS A RESULT OF ANY ACTION, OUR
OWN OR A THIRD PARTY, YOUR REWARDS OR OTHER ENTITLEMENTS ARE NEGATIVELY
AFFECTED, WE WILL NOT OWE YOU ANY REIMBURSEMENT OR BE SUBJECT TO ANY
LIABILITY.
14. Governing Law and Jurisdiction
Any dispute or claim by you arising out of or related to these Terms shall be governed by the laws of the
State of Nevada, exclusive of its choice of law rules. For any disputes deemed not subject to binding
individual arbitration, as provided in the section immediately below, you and XPN agree to submit to the
exclusive jurisdiction of the courts in the City of Las Vegas and you irrevocably submit to the exclusive
jurisdiction of such courts in any such action or proceeding. You waive any objection to venue, including
but not limited to any claim that such forum is inconvenient as well as any right to a jury trial.
15. Arbitration and No Class Action
Except for our ability to seek an injunction against you in any court to prevent any imminent harm against
XPN or its users, any dispute, controversy, or claim arising out of or relating to these Terms, or the
breach, termination, or validity thereof, shall be settled by binding arbitration subject to the U.S. Federal
Arbitration Act (“FAA”), federal arbitration law and in accordance with the rules of the American
Arbitration Association. The arbitrator’s decision is final, except for a limited review by courts under the
FAA, and can be enforced like any other court order or judgment.
Individual Arbitration. The arbitration shall be conducted on an individual basis, and not as a class,
consolidated, or representative action. The arbitrator(s) shall have no authority to proceed with arbitration
on a class or representative basis. Any relief awarded by the arbitrator(s) shall be individualized to the
claimant and shall not affect any other party.
No Class Action. To the fullest extent permitted by applicable law, no arbitration or claim under these
Terms shall be joined to any other arbitration or claim, including any arbitration or claim involving any
other current or former user of our Services, and no class arbitration proceedings shall be permitted. You
agree to waive any right you may have to commence or participate in any class action against us related to
any claim and, where applicable, you also agree to opt out of any class proceedings against us.
Arbitrator Authority. The arbitrator(s) shall have exclusive authority to resolve any dispute relating to
the interpretation, applicability, or enforceability of this arbitration agreement, including any contention
that all or any part of this arbitration agreement is void or voidable.
Severability. If any provision of this arbitration clause is found to be unenforceable, the unenforceable
provision shall be severed, and the remaining arbitration terms shall be enforced.
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Execution. This arbitration and no class action clause shall be effective upon acceptance by you of these
Terms and shall survive the termination or expiration of these Terms.
16. Termination and Cancellation
Without limiting any other remedies, we may refuse access to our Service or may limit, suspend, modify,
delete, or terminate your Account without notice for any reason, including, but not limited to, a suspected
violation of these Terms, of the terms of our service providers, the Publishers, or platforms (such as but
not limited to Apple) as determined by us in our sole discretion. You may lose your username, password
and all related entitlements, rewards, credits, information, and files associated with your Account, as a
result of Account termination, without responsibility on the part of XPN for any damage that may result
from the foregoing, and XPN is under no obligation to compensate you for any such losses or results.
XPN We are not obligated to retain or forward any information related to your Account.
If you cancel or delete your Account, Your Content, to the extent stored on our Service, will be deleted
and not be retrievable. Any rewards, credits or other entitlements that are earned and stored in your
Account may also be deleted and be irretrievable.
Any termination of your Account will not negate your obligations under these Terms. Sections 6,7,9,11-
19 shall continue to apply after your Account is terminated and or these Terms cease to apply to you for
any reason.
17. Waiver
No waiver of these Terms by XPN shall be deemed a further or continuing waiver of such term or
condition or any other term or condition, and any failure of XPN to assert a right or provision under these
Terms shall not constitute a waiver of such right or provision.
18. Miscellaneous
These Terms and any document or information referred to in these Terms constitute the entire agreement
between you and XPN relating to the subject matter covered by these Terms. All other communications,
proposals, and representations with respect to the subject matter covered by these Terms are excluded. As
these Terms are personal to you, you may not assign these Terms or transfer any of your rights or duties
under it without our prior written consent. A person who is not a party to these Terms shall have no right
to enforce any terms herein.
The original of these Terms is in English. You waive any right you may have under the law of your
country to have these Terms written or construed in the language of any other country.
These Terms describe certain legal rights. You may have other rights under the laws of your jurisdiction.
These Terms do not change your rights under the laws of your jurisdiction if the laws of your jurisdiction
do not permit it to do so. Limitations and exclusions of warranties and remedies in these Terms may not
apply to you because your jurisdiction may not allow them in your circumstance. If certain provisions of
these Terms are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions
shall be enforced only to the furthest extent possible under applicable law and the remaining terms herein
shall continue to apply.
19. Third-Party Terms
The following third-party terms shall apply, as appropriate under the circumstances:
1. Apple iOS Users.
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The following additional terms and conditions apply with respect to our software (App) that comprises
our Service and is available for use on any Apple, Inc. (“Apple”) iPhone or iPad devices that you own or
control:
You acknowledge that your agreement is not with Apple. XPN, not Apple, is solely responsible
for the software and the content thereof.
Your use of our Service shall be subject to the terms of these Terms and as permitted by the
Usage Rules set forth in the App Store Terms and Conditions as of the date you download or first
use the software (which you acknowledge you have had the opportunity to review).
You agree that Apple has no maintenance or support obligations with respect to our Service.
You acknowledge and agree that Apple is not responsible for any product warranties, whether
express or implied by law, with respect to our Service. If you are legally entitled to a warranty in
your country or other jurisdiction, then in the event of any failure of our Service to conform to
such required warranty, you may notify Apple, and Apple will refund the purchase price, if any,
paid by you to Apple for our Service. To the maximum extent permitted by applicable law, Apple
will have no other warranty obligation whatsoever with respect to our Service, and any other
claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to
such required warranty will be XPN’s sole responsibility. However, you understand and agree that
in accordance with these Terms, XPN has disclaimed all warranties of any kind with respect to
our Service, and therefore, there are no warranties applicable to our Service, except those
required by law.
As between Apple and XPN, XPN, not Apple, is responsible for addressing your or any third-
party’s claims relating to our Service or your possession and/or use of our Service, including, but
not limited to: (i) product liability claims; (ii) any claim that our Service fail to conform to any
applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or
similar legislation. In the event of any third-party claim that the software or Services or your
possession and use of our Service infringes that third-party’s intellectual property rights, XPN,
not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of
any such intellectual property infringement claim (if and to the extent required under these
Terms).
You agree that these Terms do not confer any rights or remedies on any person other than the parties to
these Terms, except as expressly stated. Notwithstanding the foregoing, Apple, and Apple’s subsidiaries,
are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have
the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-
party beneficiary thereof.
Any end-user questions, complaints or claims with respect to our Service should be directed to support@xpnetwork.com.