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Terms and Conditions

Welcome to Xchange Mall, operated by State-of-the-Art Technologies, Inc. (“us,” “we,” the “Company” or “Xchange”).

1. Acceptance of Terms of Use Agreement.

By creating an Xchange Mall account or by using the Xchange Mall app, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by (i) these Terms of Use, (ii) our Community Rules and Safety Policy, each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service (collectively, this “Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.

We may make changes to this Agreement and to the Services from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on our platform and also on xchange.world, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Services or via email. If you continue to use the Services after the changes become effective, then you agree to the revised Agreement.

2. Eligibility.

You must be at least 13 years of age to create an account on Xchange and use all parts of the Service with the exception of the Social/Dating section. You must be at least 18 years of age to use the Social/Dating section of the Service.

By creating an account and using the Service, you represent and warrant that:

  • you can form a binding contract with Xchange Mall ,
  • you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition,
  • you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
  • you have never been convicted of a felony and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
3. Your Account.

In order to use Xchange Mall, you may enter a user name and password. You may also sign in using your Facebook login. If you do so, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile and information about Facebook friends you share in common with other Xchange Mall users. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Xchange Mall, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact help@xchange.world

4. Sharing Your Content and Information

You own all of the content and information you post on Xchange Mall, and you can control how it is shared through your privacy and application settings. In addition:

  1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Xchange Mall (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
  2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  3. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. (To learn more about Platform, including how you can control what information other people may share with applications, read our Data Policy and Platform Page.)
  4. When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Xchange Mall, to access and use that information, and to associate it with you (i.e., your name and profile picture).
  5. We always appreciate your feedback or other suggestions about Xchange Mall, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
2. Safety Policy

We do our best to keep Xchange Mall safe, but we cannot guarantee it. We need your help to keep Xchange Mall safe, which includes the following commitments by you:

  1. You will not post unauthorized commercial communications (such as spam) on Xchange Mall.
  2. You will not collect users' content or information, or otherwise access Xchange Mall, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
  3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Xchange Mall.
  4. You will not upload viruses or other malicious code.
  5. You will not solicit login information or access an account belonging to someone else.
  6. You will not bully, intimidate, or harass any user.
  7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  8. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
  9. You will not use Xchange Mall to do anything unlawful, misleading, malicious, or discriminatory.
  10. You will not do anything that could disable, overburden, or impair the proper working or appearance of Xchange Mall, such as a denial of service attack or interference with page rendering or other Xchange Mall functionality.
  11. You will not facilitate or encourage any violations of this Statement or our policies.
Guidelines
Nudity or Sexual Content

3. Nudity and/or sexually explicit content are not tolerated on Xchange Mall. Photos that violate these guidelines will be deleted, and may result in account removal.

Violent or Graphic Content

4. We do not tolerate violent, graphic or obscene photos or profiles containing hate speech on Xchange, and such content will be removed. Any content that we deem disrespectful to others in the community may be removed, and the user banned, depending on its severity.

Copyright Infringement

5. If it doesn’t belong to you, it doesn’t belong on Xchange. Any of your profile content that someone else owns the copyright to (and has not granted you authorization to use) may be deleted.

Inappropriateness

6. If you wouldn’t say it to someone’s face, don’t say it on Xchange. Keep in mind, there is a human being on the other end of your screen. Be respectful with anyone you interact with in the Xchange community. If you are disrespectful, offensive, threatening or rude to another user, we reserve the right to ban you from Xchange Mall

Hate

7. Xchange Mall has a zero-tolerance policy on hate speech. Any content that promotes or condones violence against individuals or groups based on race or ethnicity, religion, disability, gender, age, nationality, sexual orientation or gender identity is strictly forbidden and may result in you being permanently banned.

Harassment

8. Any reports of stalking, threats, bullying, intimidation, invading privacy, or revealing other people's personal information are taken very seriously. That means no taking screenshots of other people’s profiles or conversations and posting or distributing them publicly. Xchange Mall reserves the right to ban any user that has exhibited behavior that is threatening, intentionally malicious, or harmful to other users.

Scamming

9. Xchange Mall has a zero-tolerance policy on predatory behavior of any kind. Anyone attempting to get other users’ private information for fraudulent or illegal activity may be banned. Also, any user caught sharing their own financial account information (e.g. PayPal, Zelle, etc.) for the purpose of receiving money from other users may be banned from Xchange Mall

Spamming

10. Don’t be fake and do not post fake profiles or misrepresent pictures of someone else as yourself. That is a crime. Soliciting other users is prohibited on Xchange Mall. If the purpose of your message is to drive people to external websites via a link or otherwise, it is a violation of our terms of service and will get you banned from Xchange Mall.

11. Registration and Account Security

Xchange Mall users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  1. You will not provide any false personal information on Xchange Mall, or create an account for anyone other than yourself without permission.
  2. You will not create more than one personal account.
  3. If we disable your account, you will not create another one without our permission.
  4. You will not use your personal timeline primarily for your own commercial gain, and will use a Xchange Mall Page for such purposes.
  5. You will not use Xchange Mall if you are under 13 and you will not use the Social /Dating section of the service if you are under 18.
  6. You will not use Xchange Mall if you are a convicted sex offender.
  7. You will keep your contact information accurate and up-to-date.
  8. You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
  9. You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
  10. If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
12. Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.

  1. You will not post content or take any action on Xchange Mall that infringes or violates someone else's rights or otherwise violates the law.
  2. We can remove any content or information you post on Xchange Mall if we believe that it violates this Statement or our policies.
  3. We provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.
  4. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
  5. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
  6. You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
  7. If you collect information from users, you will: obtain their consent, make it clear you (and not Xchange Mall) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
  8. You will not post anyone's identification documents or sensitive financial information on Xchange Mall.
  9. You will not tag users or send email invitations to non-users without their consent. Xchange Mall offers social reporting tools to enable users to provide feedback about tagging.
13. Mobile and Other Devices
  1. We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
  2. In the event you change or deactivate your mobile telephone number, you will update your account information on Xchange Mall within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
  3. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Xchange Mall.
14. Payments and Purchases

If you make a payment on Xchange Mall, you agree to our Payment and Purchase Terms unless it is stated that other terms apply.

15. Special Provisions Applicable to Developers/Operators of Applications and Websites

If you are a developer or operator of a Platform application or website or if you use Social Plugins, you must comply with the Xchange Mall Platform Policy.

16. About Advertisements and Other Commercial Content Served or Enhanced by Xchange Mall

Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:

  1. You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it. If you are under the age of eighteen (18), you represent that a parent or legal guardian also agrees to this section on your behalf. (This language is included pursuant to a court-approved legal settlement.)
  2. We do not give your content or information to advertisers without your consent.
  3. You understand that we may not always identify paid services and communications as such.
17. Special Provisions Applicable to Advertisers

If you use our self-service advertising creation interfaces for creation, submission and/or delivery of any advertising or other commercial or sponsored activity or content (collectively, the “Self-Serve Ad Interfaces”), you agree to our Self-Serve Ad Terms. In addition, your advertising or other commercial or sponsored activity or content placed on Xchange Mall or our publisher network will comply with our Advertising Policies.

18. Special Provisions Applicable to Pages

If you create or administer a Page on Xchange Mall, or run a promotion or an offer from your Page, you agree to our Pages Terms.

19. Special Provisions Applicable to Software
  1. If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
  2. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
20. Amendments
  1. We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
  2. If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on the Site Governance Page.
  3. Your continued use of the Xchange Mall Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
21. Termination

If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Xchange Mall to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 9.3, and 14-18.

22. Disputes
  1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Xchange Mall exclusively in the U.S. District Court for the Southern District of California or a state court located in Los Angeles County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
  2. If anyone brings a claim against us related to your actions, content or information on Xchange Mall, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Xchange Mall and are not responsible for the content or information users transmit or share on Xchange Mall. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Xchange Mall. We are not responsible for the conduct, whether online or offline, of any user of Xchange Mall.
  3. WE TRY TO KEEP XCHANGE MALL UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING XCHANGE MALL AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT XCHANGE MALL WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT XCHANGE MALL WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. XCHANGE MALL IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR XCHANGE MALL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR XCHANGE MALL WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, XCHANGE MALL'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
23. Special Provisions Applicable to Users Outside the United States

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Xchange Mall outside the United States:

  1. You consent to having your personal data transferred to and processed in the United States.
  2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Xchange Mall (such as advertising or payments) or operate a Platform application or website. You will not use Xchange Mall if you are prohibited from receiving products, services, or software originating from the United States.
  3. Certain specific terms that apply only for German users are available here.
24. Definitions
  1. By "Xchange Mall" or” Xchange Mall Services” we mean the features and services we make available, including through (a) our website at www.xchange.world and any other Xchange Mall branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Buddy button, the Share button and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Xchange Mall reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms.
  2. By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Xchange Mall or provide data to us.
  3. By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Xchange Mall.
  4. By "content" we mean anything you or other users post, provide or share using Xchange Mall Services.
  5. By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Xchange Mall or provide to Xchange Mall through Platform.
  6. By "post" we mean post on Xchange Mall or otherwise make available by using Xchange Mall.
  7. By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
  8. By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
  9. By “Trademarks” we mean the list of trademarks provided here.
25. Other
  1. If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and Xchange Mall, Inc. Otherwise, this Statement is an agreement between you and Xchange Mall Ireland Limited. References to “us,” “we,” and “our” mean either Xchange Mall, Inc. or Xchange Mall Ireland Limited, as appropriate.
  2. This Statement makes up the entire agreement between the parties regarding Xchange Mall, and supersedes any prior agreements.
  3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
  4. If we fail to enforce any of this Statement, it will not be considered a waiver.
  5. Any amendment to or waiver of this Statement must be made in writing and signed by us.
  6. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
  7. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  8. Nothing in this Statement shall prevent us from complying with the law.
  9. This Statement does not confer any third party beneficiary rights.
  10. We reserve all rights not expressly granted to you.
  11. You will comply with all applicable laws when using or accessing Xchange Mall.
26. Modifying the Services and Termination.

Unless licensed by us in a written agreement, you agree not to use or provide software (except general purpose web browsers and email clients) or services that interact or interoperate with Xchange Mall, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect Xchange Mall content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of Xchange Mall's policies or rules referenced above ("Prohibited Content"). You agree not to abuse Xchange Mall's flagging or reporting processes. You agree not to collect Xchange Mall user information or interfere with Xchange Mall. You agree we may moderate Xchange Mall access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not.

LIQUIDATED DAMAGES. You further agree that if you violate the USE section, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting Xchange Mall users' information, including personal or identifying information - $1 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of Xchange Mall without that party's express written consent - $1,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of Xchange Mall - $1,000 per violation; (D) posting or attempting to post Prohibited Content - $4 per violation; (E) posting or attempting to post Prohibited Content in any paid section of Xchange Mall - the price per post applicable to that section of Xchange Mall; (F) sending an unauthorized/unsolicited email to an email address obtained from Xchange Mall - $25 per violation; (G) using XCH Xchange Mall user information to make/send an unauthorized/unsolicited text message, call, or communication to a Xchange Mall user - $500 per text/call/communication; (H) creating a misleading or unlawful Xchange Mall account or buying/selling a Xchange Mall account - $4 per violation; (I) abusing or attempting to abuse Xchange Mall 's flagging or reporting processes - $1 per violation; (J) distributing any software to facilitate violations of the USE Section - $1,000 per violation; (K) aggregating, displaying, copying, duplicating, reproducing, distributing, or exploiting Xchange Mall content for any purpose without our express written consent - $3,000 for each day you engage in such violations; (L) requesting, viewing, or accessing more than 1,000 pages of Xchange Mall in any 24-hour period - $0.25 per page during the 24 hour period after the first 1,000 pages; (M) bypassing or attempting to bypass our moderation efforts - $4 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.

Fees. You authorize us to charge your account for Xchange Mall fees in paid areas. Any tax is additional. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting.

Xchange Mall is always striving to improve the Services and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Services entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

You may terminate your account at any time, for any reason, by following the instructions in “Dashboard” in the Service, however you will need to manage your in app purchases through your mobile device platform (e.g., iTunes, Google Play). Xchange Mall may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and Xchange Mall: Section 5, Section 6, and Sections 13 through 20.

6. Safety; Your Interactions with Other Users.

Though Xchange Mall strives to encourage a respectful user experience throughout the platform, it is not responsible for the conduct of any user on or off of the Services. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow Xchange Mall’s Safety Tips, located on xchange.world, prior to using the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT XCHANGE MALL DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. XCHANGE MALL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. XCHANGE MALL RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.

7. Rights Xchange Mall Grants You.

Xchange Mall grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sub-licensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits as intended by Xchange Mall and permitted by this Agreement. Therefore, you agree not to:

  • use the Service or any content contained in the Service for any commercial purposes without our written consent.
  • copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Xchange Mall’s prior written consent.
  • express or imply that any statements you make are endorsed by Xchange Mall.
  • use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
  • use the Services in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
  • upload viruses or other malicious code or otherwise compromise the security of the Services.
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
  • “frame” or “mirror” any part of the Service without Xchange Mall’s prior written authorization.
  • use meta tags or code or other devices containing any reference to Xchange Mall or the Service (or any trademark, trade name, service mark, logo or slogan of Xchange Mall) to direct any person to any other website for any purpose.
  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
  • se or develop any third-party applications that interact with the Services or other users’ Content or information without our written consent.
  • use, access, or publish the Xchange Mall application programming interface without our written consent.
  • probe, scan or test the vulnerability of our Services or any system or network.
  • encourage or promote any activity that violates this Agreement.

The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.

Any software that we provide you, may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

8. Rights you Grant Xchange Mall.

By creating an account, you grant to Xchange Mall a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Xchange Mall, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Xchange Mall users).

You agree that all information that you submit upon creation of your account, including information submitted from your Xchange Mall account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Xchange Mall above.

You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.

When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

In consideration for Xchange Mall allowing you to use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. By submitting suggestions or feedback to Xchange Mall regarding our Services, you agree that Xchange Mall may use and share such feedback for any purpose without compensating you.

You agree that Xchange Mall may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

9. Community Rules.

By using the Services, you agree that you will not:

  1. use the Service for any purpose that is illegal or prohibited by this Agreement.
  2. spam, solicit money from or defraud any users.
  3. impersonate any person or entity or post any images of another person without his or her permission.
  4. bully, “stalk,” intimidate, harass or defame any person.
  5. post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
  6. post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  7. post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
  8. solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
  9. use another user’s account.
  10. create another account if we have already terminated your account, unless you have our permission.

Xchange Mall reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have misused the Service or behaved in a way that Xchange Mall regards as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service.

10. Other Users’ Content.

Although Xchange Mall reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Xchange Mall cannot guarantee that all Content will comply with this Agreement. If you see Content on the Services that violates this Agreement, please report it within the Services or via help@xchange.world.

11. Payment and Purchase Terms

In App Purchases. From time to time, Xchange Mall may offer products and services for purchase (“in app purchases”) through iTunes, Google Play or other application platforms authorized by Xchange Mall (each, a “Software Store”). If you choose to make an in app purchase, you will be prompted to enter details for your account with your Software Store (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. Some Software Stores may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Xchange Mall application from your device. Deleting your account on Xchange Mall or deleting the Xchange Mall application from your device does not cancel your subscription; Xchange Mall will retain all funds charged to your IAP Account until you cancel your subscription through your IAP Account.

Xchange Mall Online Purchases.

If you choose to make a purchase through Xchange Mall, you agree to pay Xchange Mall all charges at the prices displayed to you for the services you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Xchange Mall to charge your chosen payment provider (your “Payment Method”). Xchange Mall may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Xchange Mall may terminate your account immediately in its sole discretion.

If you purchase a subscription through Xchange Mall , your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing, until you cancel. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to “My Profile” on Xchange Mall and follow the instructions. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.

You may edit your Payment Method information by visiting Xchange Mall and going to “My Profile.” If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you reside outside of the Americas, you agree that your payment to Xchange Mall will be through MTCH Technology Services Limited.

Virtual Items. From time to time, you may be able to purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use “virtual items,” (collectively, “Virtual Items”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service and not in any other way. Virtual Items represent a limited license right governed by this Agreement. Except as otherwise prohibited by applicable law, Virtual Items obtained by you are licensed to you, and you acknowledge that no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items. Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, when Xchange Mall ceases providing the Service or your account is otherwise closed or terminated. Xchange Mall , in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/ or may distribute Virtual Items with or without charge. Xchange Mall may manage, regulate, control, modify or eliminate Virtual Items at any time. Xchange Mall shall have no liability to you or any third party in the event that Xchange Mall exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service provided by Xchange Mall that commences immediately upon the acceptance of your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT XCHANGE MALL IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.

For subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.

For Xchange Mall Plus subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, the terms below apply:

You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of Xchange Mall ) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.

12. Notice and Procedure for Making Claims of Copyright Infringement.

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
  4. your contact information, including address, telephone number and email address;
  5. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, 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.

Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent via email to copyright@xchange.world, by phone to +1 310 345-0899 or via mail to the following address:

Copyright Compliance Department c/o State-of-the-Art Technologies, Inc, 4019 W. Rosecrans Ave, Hawthorne, CA 90250

Xchange Mall will terminate the accounts of repeat infringers.

13. Disclaimers.

XCHANGE MALL PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. XCHANGE MALL DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE ACCURATE.

XCHANGE MALL TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

14. Third Party Services.

The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. Xchange Mall is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. Xchange Mall is not responsible or liable for such third parties’ terms or actions.

15. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL XCHANGE MALL , ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF XCHANGE MALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL XCHANGE MALL ’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO XCHANGE MALL FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

16. Arbitration, Class-Action Waiver, and Jury Waiver.

Except for users residing within the EU or European Economic Area and elsewhere where prohibited by applicable law:

A. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.

B. By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.

C. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Los Angeles County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

D. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

E. The online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr. Xchange Mall does not take part in dispute settlement procedures in front of a consumer arbitration entity for users residing in the EU or European Economic Area.

17. Governing Law.

For users residing in the EU or European Economic Area or elsewhere where our arbitration agreement is prohibited by law, the laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the Services. For the avoidance of doubt, the choice of California governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.

18. Venue.

Except for users residing in the EU or European Economic Area, who may bring claims in their country of residence in accordance with applicable law, all claims arising out of or relating to this Agreement or the Services will be litigated exclusively in the federal or state courts of Los Angeles County, California, U.S.A., and you and Xchange Mall consent to personal jurisdiction in those courts.

19. Indemnity by You.

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Xchange Mall, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Services, your Content, or your breach of this Agreement.

20. Entire Agreement; Other.

This Agreement, with the Privacy Policy, the Safety Tips and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service, contains the entire agreement between you and Xchange Mall regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Xchange Mall account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind Xchange Mall in any manner.