This legal contract is available to further protect Deft Labs Inc.
The following terms and conditions govern all use of the Xhref website and all content, services and products available at or through the website/application. (the Website). The Website is owned and operated by Deft Labs Inc. (“Deft Labs”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Xhref’s Privacy Policy) and procedures that may be published from time to time on this Site by Deft Labs (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the web site. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by Deft Labs, acceptance is expressly limited to these terms.
Xhref is a free service and DOES NOT PROVIDE A WARRANY OF ANY KIND, either express or implied.
Xhref is not affiliated with any of the people or companies using this service.
Use of Xhref in spam, phising or any other illegal activity is STRICTLY PROHIBITED.
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the application.
You must immediately notify Deft Labs of any unauthorized uses of your account or any other breaches of security. Deft Labs will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Deft Labs has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Deft Labs does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Deft Labs disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Deft Labs links, and that link to Deft Labs. Deft Labs does not have any control over those non-Deft Labs websites and webpages, and is not responsible for their contents or their use. By linking to a non-Deft Labs website or webpage, Deft labs does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Deft Labs disclaims any responsibility for any harm resulting from your use of non-Deft Labs websites and webpages.
As Deft Labs asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Deft Labs violates your copyright, you are encouraged to notify Deft Labs in accordance with the Digital Millennium Copyright Act (”DMCA”) Policy. Deft Labs will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Deft Labs or others, Deft Labs may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Deft Labs will have no obligation to provide a refund of any amounts previously paid to Deft Labs.
This Agreement does not transfer from Deft Labs to you any Deft Labs or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Deft Labs. Deft Labs, Xhref and all other trademarks, service marks, graphics and logos used in connection with Deft Labs, or the Website are trademarks or registered trademarks of Deft Labs or Deft Labs’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Deft Labs or third-party trademarks.
Deft Labs reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Deft Labs may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Deft Labs may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Xhref account (if you have one), you may simply discontinue using the Website or uninstall the application. Notwithstanding the foregoing, if you have a VIP Services account, such account can only be terminated by Deft Labs if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Deft Labs' notice to you thereof; provided that, Deft Labs can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website is provided “as is”. Deft Labs and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Deft Labs nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.
In no event will Deft Labs, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damagaes; (ii) the cost of procurement or substitute products or services; (iii) for interpution of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by you to Deft Labs under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. Deft Labs shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You represent and warrant that (i) your use of the Website will be in strict accordance with the Deft Labs Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless Deft Labs, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
All data released by the Website are for educational or research purposes only. Our goal is to release reliable data but the source of the data is outside the control of Deft Labs. You must not make any financial decisions based on the content of the Website.
This Agreement constitutes the entire agreement between Deft Labs and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Deft Labs, or by the posting by Deft Labs of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New York County, New York. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in new York, New York, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Deft Labs may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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