Our User Agreement!

INTRODUCTION

Welcome to Xpoit.com, the place to share and show off your collector’s items, memorabilia and entire collections. By using the Xpoit.com website and/or accepting or registering to use the site you agree that you have read and accept the following User Agreement/Terms and Conditions and associated Privacy Policy and that you are legally bound by them (where applicable by law). Before registering to become a member of Xpoit.com you must read and accept all of the associated User Agreement below and Privacy Policy.

DESCRIPTION OF SERVICE

Xpoit.com’s purpose is to provide a FREE platform where registered users can upload, archive and make publicly available photographs, descriptions and other associated information relevant to their own personal/private collections and/or memorabilia which is accessible via the World Wide Web by the general public and other registered users either directly or via devices that can access web-based content (however Xpoit.com is not designed to be viewed through such additional devices and cannot guarantee full functionality of the website through these). Users agree to pay any associated fees or costs incurred in use or by viewing the site through any telephone or broadband services and must make available their own equipment for such usage including a computer, modem and any other equipment necessary for access to the World Wide Web.

You agree and acknowledge that the service provided by Xpoit.com is on an “AS IS” and “AS AVAILABLE” basis and that Xpoit.com assumes no responsibility or liability for the timeliness, deletion, mis-delivery or failure to store any user content, communications or personal information and settings.

REGISTRATION

By registering to become an Xpoit.com member, you agree that you will provide true, accurate and complete information (where required) during your registration process and that you will maintain the accuracy of the information where possible. In any event that information from a user is suspected as untrue, inaccurate or incomplete, Xpoit.com reserve the right to suspend or delete the user account or content and where appropriate ban any future access to the site at Xpoit.com’s sole discretion.

Xpoit.com may also refuse to grant you a username that maybe protected by a trademark, proprietary rights law, is vulgar, offensive, inappropriate or obscene and any username created as such maybe cancelled at any time at Xpoit.com’s sole discretion. Cancellation of a username may result in any content uploaded or submitted from that account to be lost.

Please note any accounts created by or for children are done so at their own risk and should only be done so with a legal guardian present or by a legal guardian as it is your responsibility as a legal guardian for that child to determine if the site and its content is appropriate for the child and to also monitor any information or material they may submit or upload to the site. Please note we strongly recommend children under the age of 13 do not use the site and in some jurisdictions it maybe illegal for children under this age to do so. It is your own responsibility to ensure you are legally allowed to use the site in your country/jurisdiction.

MEMBER CONDUCT & APPROPRIATE USE

Xpoit.com has been made available for your personal and non-commercial use (with the exception to listing items that you would consider selling, in such a case any sale is carried out out-side of Xpoit.com and at the Buyer and Seller’s own risk, in such a case Xpoit.com is merely only an advertising platform and is not and must not be confused as an online store, merchant or reseller).

You are solely responsible and liable for any content, information or material that you upload or submit to Xpoit.com for public display or for personal use.

You agree to abide by all local, state, national and international laws and regulations when using Xpoit.com and are responsible for any acts or uploads carried out under your account. You agree that you will be bound by the laws of England and Northern Ireland in any event where a court case is requested or required as a result of any claim or demands made against Xpoit.com or its owner/s, employee/s or staff as a result of your actions and agree to submit exclusive jurisdiction of the English and Northern Ireland courts for such claims or cases.

You agree not to use Xpoit.com;

· For Illegal use of any kind

· To harm minors in any way

· Impersonate another person or entity such as an official administrator, guide, host or affiliate of Xpoit.com

· For Spamming, Phising or collection information for illegal or inappropriate use

· To transmit any harmful material, program, code, links or applications such as Trojan horses, Worms, Viruses, Spy-bots and similar devices.

· To post or upload any illegal, unlawful, defamatory, misleading or libellous content

· To post or upload content or material that violates or infringes any patent, trademark, copyright, trade secret, rights of privacy or publicity, or other proprietary right (“Rights”) of any party or that infringes any intellectual property law or any other applicable law

· To post or upload racial, hate, tortious, obscene or inappropriate material that is or otherwise objectionable.

· To post or upload pornographic or indecent material

· To abuse, stalk, harass, threaten or otherwise violate the privacy rights of other users

· To post or upload material to promote illegal or unlawful activities

· To post or upload items in an inappropriate or wrong category

· To post or upload misleading titles or headers in order to disguise the content uploaded under such headers or titles

· To attempt to gain unauthorised access to the site and/or user accounts/information

· To modify, adapt, translate, or reverse engineer any portion or part of the site

· To use any robot, spider, site search/retrieval application, or other device to retrieve or index any part of the site, except as expressly authorised by Xpoit.com

· To harvest or collect email addresses, usernames or any other contactable information of Xpoit.com members by electronic or other means/methods.

· To reformat, reframe or redesign any part of the site

· To interfere with or disrupt the services or servers connected to Xpoit.com

· Display or distribute any unsolicited or unauthorised advertising or promotional material.

· Interfere with another members use or enjoyment of the site

· To affect or interfere with the general running of the site in anyway

· Take any action that imposes or causes an unreasonable large load on our infrastructure and/or server

Xpoit.com under no circumstances have any obligation to monitor or check the accuracy, truthfulness or legality of content uploaded and posted on the site by its users. However regular checks on content may be carried out (where possible) to ensure illegal, inappropriate or pornographic materials are not posted and/or are deleted from the site and reported to the relevant authorities where appropriate. Any such use of your account for these purposes will result in you being reported to your local authorities and relevant agencies where appropriate and possible.

You agree by using Xpoit.com you maybe exposed to such content and is done so at no fault or responsibility of Xpoit.com. In any event of this you as a user of the site can report such listings to Xpoit.com for investigation. Under no circumstances will Xpoit.com be liable in any way for any content or for any losses or damages incurred as a result of content posted, emailed or otherwise transmitted through Xpoit.com by other users.

PROPRIETARY RIGHTS AND COPYRIGHT

In no way does Xpoit.com claim any ownership rights to material uploaded, submitted or displayed on the site. You (the user) continue to retain all ownership rights in such materials that are legally yours and you continue to have all rights associated with this material as was before using the Xpoit.com site. By uploading, submitting and displaying such materials you grant Xpoit.com the non-exclusive, worldwide, royalty free right to use, re-use, publicly display, make public, modify, reproduce, and distribute such materials. You also agree to allow Xpoit.com to place an automatic watermark on your material. Without agreeing to the above Xpoit.com would not be able to display your listings, copy your material to the server, compress or make searchable your content. If you do not agree to this please refrain from using the Xpoit.com site in anyway.

By using Xpoit.com you (the user) take on full responsibility for any content you upload and will be liable (where acceptable by law and to the full extent of the law) for any infringements or laws broken as a result of your uploaded material/actions. You must not post, modify, distribute or reproduce any copyright material, brands or trademarks through Xpoit.com without obtaining full written permission from the relevant owner of such material first.

Xpoit.com respects the intellectual property rights of other parties and asks it users to do the same. Xpoit.com may suspend or terminate user accounts that may be infringing these rights at Xpoit.com’s sole discretion.

PLEASE NOTE THAT PHOTOGRAPHS TAKEN OF MUSEUM EXHIBITS AND/OR ITEMS, PRIVATE EVENTS, AUCTIONS AND CERTAIN PUBLIC EVENTS WOULD NORMALLY BE PROTECTED BY RIGHTS EVEN IF YOU TAKE THE PHOTOGRAPH SO BE ENSURE YOU HAVE PERMISSION TO UPLOAD SUCH MATERIAL BEFORE DOING SO, OR IF YOUR UNSURE PLEASE REFRAIN FROM UPLOADING SUCH MATERIAL AS YOU ARE LIABLE FOR ANYTHING YOU UPLOAD.

If you feel your work has been used in a way that infringes your copyright or your intellectual property rights have been otherwise violated, please contact Xpoit.com at complaints@xpoit.com with your subject line stating “COPYRIGHT INFRINGMENT” so we can investigate and correct this matter. In no way can Xpoit.com be held liable for such a violation.

ACCOUNT & PERSONAL SECURITY

The security of your account and personal security are the sole responsibility of you (the user) at all times and under no circumstances should your user login details be given, passed or sold to any third person. All material uploaded under your account is your responsibility. Please always ensure you log out of the site when leaving, as Xpoit.com is not responsible for this.

You agree that Xpoit.com may access, preserve and disclose your account information and/or content for administration purposes and to help improve the site, if requested to do so by law or in good faith to comply with legal claims and/or investigations by appropriate authorities and agencies and can be done so without any prior permission by you and at Xpoit.com’s sole discretion.

As some users may decide to trade, buy or sell their items outside of Xpoit.com via making contact through the site and using the site to transfer personal information about each other, we cannot in anyway guarantee that other users will respect the privacy or security of such information. We strongly encourage you, if entering such a deal to evaluate the possibilities of such wrongful usage of any information you give another user.

At no point does Xpoit.com have possession of anything listed on the site and at no point is Xpoit.com involved in the private sale, buying or trading of items between users.

We do not rent or sell your information to any third party.

PUBLIC CONTENT

As Xpoit.com allows the general public to search and view uploaded content you (the user) must be aware that certain areas of the site are publicly viewable at all times to both registered and non-registered users such as message boards, user profile pages and listing pages. You acknowledge that you are personally responsible for the posting or listing of any personal data or information in these areas and that Xpoit.com are in no way liable for the disclosure and public accessibility to this information. You must therefore be careful about what messages or content you post in relation to your own or other peoples privacy such as addresses, email addresses, phone numbers, names and other personal information.

Xpoit.com do strongly recommend that users do not post personal information on such public areas of the site and must not post information on other users in such areas.

INDEMENITY & LIABILITY

You agree to hold Xpoit.com and its owner/s, employee/s and volunteer/s harmless and indemnify them and defend them from and against any claim or demand including legal fees of any kind made by any third party arising from or in anyway related to your use or any content you submit, post or transmit through the site, including any liability or expenses from all claims, liabilities, losses, damages, suits, judgements, litigation costs, expenses, and attorney fees or every kind and nature.

YOUR USE OF XPOIT.COM IS AT YOUR OWN SOLE RISK. IN NO WAY AND UNDER NO CIRCUMSTANCES IS XPOIT.COM, IT’S OWNER/S, EMPLOYEE/S AND/OR VOLUNTEER/S LIABLE OR HELD RESPONSIBLE FOR THE INTENTIONAL OR UNINTENTIONAL UPLOAD OF SUCH MATERIAL THAT MAY CAUSE A DISPUTE OR ARISING OUT OF THE INABILITY TO USE THE SERVICE.

YOU AGREE THAT THE USE OF XPOIT.COM AND ITS SERVICES IS DONE SO AT YOUR OWN RISK.

XPOIT.COM AND ITS OWNER/S, EMPLOYEE/S AND/OR VOLUNTEER/S DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY OR OPERABILTY OR AVAILABLILITY OF INFORMATION, CONTENT OR MATERIALS DISPLAYED ON XPOIT.COM SITE.

Xpoit.com also disclaims that the service/site will meet your requirements and will be uninterrupted, error free, timely or secure. That defects or errors with the site will be corrected. That the site or the server it’s hosted on will be free of viruses and other harmful components.

RELEASE

If you have a dispute with another user of Xpoit.com you agree to release Xpoit.com and its Owner/s, Employee/s and/or Voluntary Staff from any claims, demands or damages of any kind, known and unknown from or in connection with such a dispute.

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the site and its services or use or access to the site and its services. You also agree not to use Xpoit.com’s logo and associated artwork in any way commercially.

CHANGES TO THE USER AGREEMENT

Xpoit.com reserve the right to change, amend or add to the User Agreement and/or Privacy Policy at any time and without notice. Xpoit.com may provide you with notices regarding the User Agreement and/or Privacy Policy but is under no obligation to do so in the event of these changing. Any changes will be posted in the appropriate User Agreement or Privacy Policy page on the Xpoit.com website.

If any changes to the Privacy Policy or User Agreement are unacceptable to you and you disagree with such a change please refrain from using the Xpoit.com website and contact us so we can delete your account and so we are aware of such a disagreement. By continuing to use the site you automatically accept and agree with any such change.

GENERAL PRACTICES

Xpoit.com reserve the right when needed to delete or limit without notice the maximum number of Private Messages, Listings or Message Posts users may have or keep in their account. In the event that content needs to be removed for performance or storage issues the oldest content will be removed first. For example, older messages on items or user profile pages maybe removed to make room for new messages and in listings where appropriate duplicate item listings will be removed.

You also agree that Xpoit.com reserves the right to make changes or amendments to these practices at any time and without notice.

You agree that Xpoit.com may at some stage need to transfer any information you submit to another server. Such a transfer may result in the data being moved from one country to another and you agree by using the site that such a transfer and export of your data is allowed. If you disagree with such transfer please do not use the Xpoit.com site in anyway!

Notices and promotions related to Xpoit.com may be made available to you either through the Xpoit.com website or directly to your registered email address.

OUR ADVERTISERS & EXTERNAL LINKS

While Xpoit.com displays advertisements and external links on the site, most of these advertisements are controlled via a third party advertising agency/company. Any correspondence or business dealings therefore between a user and an advertiser found on Xpoit.com is done so solely between you and such advertiser and at your own risk. You agree to the fullest extent permitted by the applicable law that Xpoit.com will not be liable or responsible under any circumstances of any loss or damage of any kind incurred as a result of such dealings or as a result of the presence of such advertisers on the site or for the availability, content, advertising, products or other materials on or available from such external sources.

TERMINATION OF SERVICE

You are under no obligation to keep your user account with Xpoit.com and can at any time terminate your account by contacting Xpoit.com and requesting your account and associated content be deleted from our database, server and website.

Xpoit.com reserve the right to modify, update and/or make changes to its services and purpose either temporarily or permanently without notice. Xpoit.com also reserve the right in its sole discretion to terminate the services of those who do not comply with the User Agreement and/or Privacy Policy and also reserve the right to terminate the service of the complete site either temporarily or permanently at any time and without notice to any user. You also agree that Xpoit.com will not be liable to you or any third party for any termination of your access the site/service.

COMPENSATION

You agree to use the Xpoit.com website in full accordance with this User Agreement and the associated Privacy Policy and that you will compensate us in full (including Xpoit.com’s Owner/s, Employee/s or Voluntary Staff) for any losses or costs including any reasonable legal fees or every kind and nature we incur arising out of any breech by you or under your account of this User Agreement and/or by your violation or any law or rights of any third party.

PERMISSION REQUESTS

If you would like permission to use Xpoit.com’s logo/s and/or screenshots, designs or other copyrighted features please contact Xpoit.com at info@xpoit.com with the following information;

1. Your full name and address

2. The name of the publication, website or media the material is to appear

3. A description of the usage and what would be required

4. A screenshot or mock-up of such usage

If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Agreement of this User Agreement does not affect your statutory rights.

We do not agree to take action against all breeches of this User Agreement but in any case this does not waive our right to do so for future or past similar breeches