Xman Studio and its affiliates (“Company” or “we”) welcome you and your children (“User” or “you”) to our full featured interactive Products (as defined below) and website (“The Service”). Our interactive Products are currently available for download at a number of web stores including Apple AppStore for iPad, iPhone and iPod Touch users, Google Play for Android users, Amazon Appstore for Android users and nabi App Zone for nabi 2 tablet users.
1. Acceptance of the Terms
By connecting to, accessing or using the Site and/or the Service, you acknowledge that you have read and understood the following terms of use including the terms of the Privacy Policy at the address http://xmanstudio.com/post/67828462906/privacy-policy (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your conduct on the Site or the Service. IF YOU DO NOT AGREE TO THE TERMS, DO NOT CONNECT TO, ACCESS OR USE THE SITE OR THE SERVICE.
The Terms may be revised and updated from time to time, with or without any notice. The Company shall make reasonable efforts to post a prominent notice in case the Terms shall change substantially. The Company urges you to check the Last Revised date which appears at the top of the Terms. You can review the most current version of the Terms at any time at: http://xmanstudio.com/post/67828416844/term-of-use
By connecting to, accessing or using the Site or the Service, you acknowledge that the Terms constitute a binding and enforceable legal contract between the Company and any person connecting to, accessing or using the Site or the Service.
2. The Service
Xman Studio lovingly produced interactive e-books, games, and educational experiences for children (“products”) – a commitment that began when we saw an immense need for our own kids. We knew, with our experience building cutting-edge technology, that we could create safe, immersive adventures that would make learning fun.
No right, license, or interest in or to the Company’s Intellectual Property (whether owned by or licensed to the Company) is granted hereunder. You hereby agree that no right, license or interest shall be asserted by you with respect to the Company’s Intellectual Property (whether owned by or licensed to the Company).
Except as specifically provided by us hereunder, no content from the Product or Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Product or Site. You may not copy, distribute, make derivative or otherwise exploit any part of the product or site.
We do not transfer title to the Product or Site. You may use the Product or Site only for your personal, noncommercial home use, provided that you keep intact all copyright and other proprietary notices and make no modifications to the Content, product and/or site.
You may not decompile, reverse engineer, disassemble or otherwise reduce the Products or Site to a human-readable form or violate any Intellectual Property right of the Company (whether owned by or licensed to the Company) and/or any other third party’s right.
3. Privacy Policy
We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Site or the Service. Our policy and practices and the type of information collected are described in details in our Privacy Policy at: http://xmanstudio.com/post/67828462906/privacy-policy. If you intend to connect to, access or use the Site or the Service you must first read and accept the Privacy Policy.
4. User Restrictions
There are certain conducts which are strictly prohibited on the Site and/or the Service. Please read the following restrictions carefully. Your failure to comply with any of the provisions set forth herein may result in the termination of your access to the Site and/or the Service and may also expose you to civil and/or criminal liability.
You, by yourself or anyone on your behalf, may not:
• Use the Service for any illegal, unlawful or unauthorized purposes;
• Use the Service in any form of spam, unsolicited mail or similar conduct;
• Use the Service for non-personal or commercial purposes without Company’s express prior written consent;
• Fail to pay subscription fees (to the extent such exist), if ,for example, your credit card was blocked or the use thereof was limited in any way;
• Interfere with or violate Users’ rights to privacy and other rights, or harvest or collect data and information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other automatic device, process or method to access the site and retrieve, index and/or data-mine information;
• Interfere with or disrupt the operation of the Service or the servers or networks that host the Service, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;
• Falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company or any third party endorses you, your website, your business or any statement you make, or present false or inaccurate information about the Service;
• Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our platform infrastructure;
• Bypass any measures we may use to prevent or restrict access to the Service;
• Copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Service in any way;
5. Intellectual Property Rights
The Site, the Service and the Intellectual Property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, copyrightable materials, graphics, text, designs (including the “look and feel” of the Site), specifications, methods, procedures, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered (collectively, “Intellectual Property”), are owned and/or licensed to the Company and subject to copyright and other applicable intellectual property rights under Israeli laws, foreign laws and international conventions.
6. USER REPRESENTATIONS AND UNDERTAKINGS
6.1. As a condition for your use of the Site and Service, you hereby represent and warrant that:
• You possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Site and Service in accordance with these Terms, and to fully perform your obligations hereunder;
• If you are under the age of 18, you represent that your legal guardian has reviewed and agreed to these Terms;
• The execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject; and
• You will not infringe or violate any of the Terms.
6.2. You acknowledge and agree that:
The Company may integrate commercials and advertisements, whether within or beside the Site or the Service. All the information contained in such commercials and advertisements belongs solely to the advertisers and the Company makes no warranties or representations as to such advertisements, whether or not the Company has control over such advertisements. The Company, advertisers and/or third-parties related thereto may be entitled to certain shares of the earnings for such commercials. You agree, acknowledge and consent that you will not be entitled to any compensation of any kind whatsoever with respect to such monetary amounts.
7. Trademarks and Trade names
“Xman Studio” and all other proprietary identifiers used by the Company in connection with the Site and the Service (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or the Third Party Marks.
8. Links to Third Party Sites
The Site and the Service may contain links to websites of third parties such as social network sited (“Third Party Sites”), whether such links have been suggested by the Company, shared by any User or posted by third parties. You hereby acknowledge that the Company has no control over such Third Party Sites, and you further acknowledge and agree that the Company is not responsible for the availability of Third Party Sites, and does not endorse and is not responsible or liable for any services, content, advertisements, products, or any materials on or available Third Party Sites. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through any Third Party Sites. Most Third Party Sites provide legal documents, including terms of use and privacy policy, governing the use of such sites. It is always a good idea to read such documents carefully.
9. Advertisements
The Company may integrate commercials, advertisements and/or sponsored links, whether within or beside the Service. By clicking the advertisements you may be transferred to a website of an advertiser or receive any other messages, information or offers from the advertiser and from others. All the information contained in such commercials and advertisements belongs solely to the advertisers and the Company makes no warranties or representations as to such advertisements, whether or not the Company has control over such advertisements. The Company, advertisers and/or third-parties related thereto may be entitled to certain shares of the earnings for such commercials. You agree, acknowledge and consent that no right, title or interest is or shall be granted to you in any way with respect to any revenue share whatsoever in relation thereto, whether as a paying User or not.
Direct Marketing: You hereby agree that we may send you notifications for the purpose of informing you regarding products and services (offered by the Company and/or by third parties) which may interest you and to send to you advertisements and other marketing material, transmitted to you through the Service using an internal notifications mechanism incorporated in the Service, or incorporated in our Newsletter sent to your email per your request.
Please note that You may remove your email address from mailing list at any time by clicking the remove option incorporated in the emails sent to you.
10. Availability
The Service’s availability and functionality depends on various factors, such as software, hardware and the Company’s services’ providers and contractors. The Company does not warrant or guarantee that the Service will operate at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
11. Changes to the Service
The Company may change the Service’s layout (i.e. graphical design of the website and cet.) and design from time to time, and the availability of the content and services included therein, without giving any prior notice. You hereby agree and acknowledge that the Company is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
12. Amendments to the Terms
The Company may change the Terms from time to time, including the privacy policy http://xmanstudio.com/post/67828462906/privacy-policy or any other policies incorporated thereto. Substantial changes will be first notified at Xman Studio’s homepage. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect even immediately, or as required by the law and without any prior notice.
You hereby agree and acknowledge to accept any and to be bound by any of the changes made in the Terms and the accompanying policies. Should you continue to use the Service after the changes were made, it will indicate your acceptance to the new Terms. You are recommended to review the Terms from time to time, as they may change every once in a while.
13. Disclaimer and Warranties
THE SITE AND SERVICE, INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION, INCLUDING PRODUCTS’ INFORMATION, RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SITE AND/OR THE SERVICE AT ANY TIME OR TO DISCONTINUE DISPLAYING OR PROVIDING ANY INFORMATION, CONTENT OR FEATURES WITHOUT A NOTICE TO YOU.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE OR THE SERVICE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY, OR QUALITY OF THE SITE OR THE SERVICE, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION. THE COMPANY DOES NOT ENDORSE ANY ENTITY, PRODUCT, INFORMATION OR SERVICE MENTIONED IN ANY USER GENERATED CONTENT ON ANY PLATFORM NOR ANY COPYRIGHT INFRINGMENT.
14. Limitation of Liability
THE USE OF THE SITE AND THE SERVICE IS SOLELY AT YOUR OWN RISK. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE SITE OR THE SERVICE, OR THE USE OR INABILITY TO USE THE SITE OR THE SERVICE, REGARDLESS OF WHETHER THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WHERE LIABILITY IS MANDATORY, IN WHICH EVENT LIABILITY FOR DAMAGES WILL BE LIMITED TO TEN US DOLLARS ($10).
15. Indemnification
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Site or the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site or the Service. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
16. Copyright Agent
The Company respects the intellectual property rights of others. If you believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, please provide the following information in writing to the Company’s Copyright Agent: (i) the contact details of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit the Company to locate the material; (iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. The Company’s Copyright Agent can be reached through the following address:
Xman Studio.
Address: 29 Bangkok, Thailand
Phone: 66-855555555
Email: [email protected]
17. General
17.1. These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
17.2. Any claim relating to the Site, the Service or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles.
17.3. Any dispute arising out of or related to the Site or the Service will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule.
17.4. If any provision of this Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Terms and will not affect the validity and enforceability of any remaining provisions.
17.5. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
17.6. These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company.
