Terms of Use

This agreement governs your use of the Xcopy service

The xcopy.co website (the "Site") is coprised of various web pages operated by xcopy. xcopy.co is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of xcopy.co constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Access to our Service

We do not provide you with the equipment to access the Site. You are responsible for all fees charged by third parties related to your access and use of the Site (e.g., charges by Internet service providers).

We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of the Site without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of the Site.

We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any material that you post or submit for posting, and to restrict, suspend, or terminate your access to the Site at any time, for any or no reason, with or without prior notice, and without liability.

Any aspect of the Site may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to you. However, we make no comitment to update the information contained on the Site. We may also, at any time, change or impose fees for certain services, or establish or change general practices and limits concerning certain services. We may, in our sole discretion, refuse to allow access to the Site to any person or entity; remove or modify any material or submission; or change our eligibility criteria at any time. Xcopy shall not be liable to you for any delay or other damages that might result from such modification, suspension, or discontinuance.

Use of the Site

We make reasonable attempts to exclude viruses from the Site, but cannot ensure that the Site will, at all times, be free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to coputer equipment or other property that may result from use of the Site or downloading anything from the Site.

We use reasonable comercial efforts to keep the Site available on a 24-hour / 7-day-a-week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.

Limited Right to Use

You must coply with all applicable laws when using the Site. Except as may be expressly permitted by applicable law, or as Xcopy may authorize expressly in writing, you will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on the Site (collectively, “Site Content”) or copile or collect any Site Content as part of a database or other work; (ii) use any automated tool (e.g., robots, spiders) to access or use the Site or to store, copy, modify, distribute, or resell any Site Content; (iii) rent, lease, or sublicense your access to the Site to another person; (iv) use any Services or Site Content for any purpose except for your own personal use; (v) circumvent or disable any digital rights management, usage rules, or other security features of the Site; (vi) use the Site in a manner that overburdens, or that threatens the integrity, performance, or availability of, the Site; or (vii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of the Site or any Site Content.

Payment and Renewal

By selecting a service ("Plan") you agree to pay Xcopy the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a Plan and will cover the use of that service for a monthly or annual subscription period as indicated. Plan subscription fees, both full month and partial, are not refundable.

Unless you notify Xcopy before the end of the applicable subscription period that you want to cancel a Plan, your Plan subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Plan (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Plans can be canceled at any time in the Account section of your dashboard.

For any upgrade or downgrade in Plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.

Downgrading your Service may cause the loss of Content, features, or capacity of your Account. The Site does not accept any liability for such loss.

Non-waiver

The failure by one party to require performance of any provision shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Contract constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

Privacy

Your use of the Site is subject to Xcopy's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic comunications

Visiting the Site or sending emails to Xcopy constitutes electronic comunications. You consent to receive electronic comunications and you agree that all agreements, notices, disclosures and other comunications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such comunications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your coputer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Xcopy is not responsible for third party access to your account that results from theft or misappropriation of your account. Xcopy and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Xcopy does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.

Cancellation/Refund Policy

You may cancel your service at any time. Cancellation of service does not include refunds. Please contact support@Xcopy.co with any questions.

Links to Third Party Sites/Third Party Services

The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Xcopy and Xcopy is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Xcopy is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Xcopy of the site or any association with its operators.

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the the Site domain, you hereby acknowledge and consent that Xcopy may share such information and data with any third party with whom Xcopy has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Xcopy that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the copilation thereof, and any software used on the Site, is the property of Xcopy or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Xcopy content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Xcopy and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Xcopy or our licensors except as expressly authorized by these Terms.

Use of comunication Services

The Site may contain bulletin board services, chat areas, news groups, forums, comunities, personal web pages, calendars, and/or other message or comunication facilities designed to enable you to comunicate with the public at large or with a group (collectively, "comunication Services"), you agree to use the comunication Services only to post, send and receive messages and material that are proper and related to the particular comunication Service.

By way of example, and not as a limitation, you agree that when using a comunication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's coputer; advertise or offer to sell or buy any goods or services for any business purpose, unless such comunication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a comunication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the comunication Services; violate any code of conduct or other guidelines which may be applicable for any particular comunication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Xcopy has no obligation to monitor the comunication Services. However, Xcopy reserves the right to review materials posted to a comunication Service and to remove any materials in its sole discretion. Xcopy reserves the right to terminate your access to any or all of the comunication Services at any time without notice for any reason whatsoever.

Xcopy reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Xcopy's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any comunication Service. Xcopy does not control or endorse the content, messages or information found in any comunication Service and, therefore, Xcopy specifically disclaims any liability with regard to the comunication Services and any actions resulting from your participation in any comunication Service. Managers and hosts are not authorized Xcopy spokespersons, and their views do not necessarily reflect those of Xcopy.

Submissions

Materials uploaded to a comunication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to the Site or Posted on the Site

Xcopy does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit to any Xcopy Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Xcopy, our affiliated copanies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No copensation will be paid with respect to the use of your Submission, as provided herein. Xcopy is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Xcopy's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your Xcopy account to third party accounts. By connecting your Xcopy account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by Xcopy from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for copliance with all local laws. You agree that you will not use the Xcopy Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Xcopy, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Xcopy reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Xcopy in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Xcopy AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

Xcopy AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Xcopy AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Xcopy AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Xcopy OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Xcopy reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Xcopy as a result of this agreement or use of the Site. Xcopy's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Xcopy's right to coply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Xcopy with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Xcopy with respect to the Site and it supersedes all prior or contemporaneous comunications and proposals, whether electronic, oral or written, between the user and Xcopy with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Xcopy reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Xcopy encourages you to periodically review the Terms to stay informed of our updates.