By visiting or using the Websites or Services you agree to be bound by these Terms. If you do not agree to any of these terms, please refrain from using the Websites and Services.
XS provides technical platforms and advertising network solutions. Our suite of services have been developed for networks and website publishers.
XS retains the right to, at any time and without prior notice, suspend, discontinue, delete, modify, or remove any content or Service offered on the Websites without reason or liability. In addition, XS may in the future charge for Services which are currently available for free.
XS is committed to a legal, safe, friendly and equal environment. XS strictly prohibits the use of the Services or any of its functionalities for offensive, illegal or harming purposes. You agree not to use the Websites or Services to create, edit, post, link to or share any content that is harmful, unlawful, obscene, libelous, racist, hateful, or criminal or that violates the right to privacy or any other illegal, offensive or inappropriate content. XS reserves the right, on its sole discretion, to remove any content which deems to be illegal, offensive or inappropriate and to take action against the User, including, but not limited to, stopping the service.
XS reserves the right to, without prior notice, terminate a User account with or without the User violating these Terms. If your User account is terminated, your rights to use the Websites and Services will stop immediately. Termination is without prejudice to all other remedies available to XS at law and under this agreement.
Terms are net 30 days of invoice date. Payments will be sent for approved sites and tags, and will be based exclusively on the statistics compiled by XS's tracking and reporting system. Each party is solely and separately responsible for its own taxes, fees, or other levies. All payments due hereunder are in U.S. dollars and are exclusive of any applicable taxes.
XS prohibits certain content as described above. You should report any suspected violations in accordance with the XS's Copyright Content policy.
UNLESS AS SPECIFIED OTHERWISE IN XS'S SERVICES AND THEIR RESPECTIVE TERMS OF SERVICE, AND THE WEBSITES PROVIDED BY XS ON AN "AS IS" AND "AS AVAILABLE" BASIS. XS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITES, SERVICES (UNLESS AS PROVIDED IN THE SERVICE AGREEMENT) OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON, OFFERED IN OR APPEARING ON THE WEBSITES OR THROUGH THE SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, XS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, XS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY CONTENT, MATERIALS OR PRODUCTS OFFERED THROUGH THE WEBSITES OR SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITES OR SERVICES ARE AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
WE ASSUME NO LIABILITY FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS OF THIS WEBSITE'S, PRODUCTS OR SERVICES (DIRECT, INDIRECT OR CONSEQUENTIAL), INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR OTHER DAMAGES ARISING FROM THE USE OF THE WEBSITES, SERVICES OR ANY CONDUCT BY USERS OF THE WEBSITES OR SERVICES WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. XS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT, LOSS OR DAMAGES OF DATA, HARDWARE OR PROFITS WHATSOEVER. YOU ARE ALSO SOLELY RESPONSIBLE FOR CREATING BACKUPS OF YOUR CONTENT, IF AND WHERE APPLICABLE. XS FURTHERMORE DOES NOT GUARANTEE ANY RESULTS BY YOUR USE OF THE WEBSITES OR SERVICES.
You agree to indemnify XS, its existing or future subsidiaries, parents, affiliates, directors, employees or heirs for any harm or any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement, your Content, or use of the Websites or Services.
The Websites and Services contains links to other websites. XS is not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Websites or made available through the Services do not imply approval or endorsement of the linked website by us. If you decide to leave our Website and access these third-party websites, you do so at your own risk.
Some of the hyperlinks on the Websites or made available through the Services may lead to other websites that are not controlled by, or affiliated with, XS. In addition, other websites may link to the XS Websites or Services. XS has not reviewed these websites and is not responsible for the content or privacy policies of these websites.
By using the Website or Services, you hereby agree that XS may identify you as a XS customer or partner in any relevant list and may use your name and/or logo solely for such purpose in its marketing Materials. Any other uses of your name and/or logo not otherwise described or contemplated herein shall require your prior written consent.
Last Update: February 2020
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