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Xumanii.com Terms of Use Agreement
15.09.2008
Xumanii, Inc. (-Xumanii- or -we-) operates Xumanii.com, which is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with old and new friends. Xumanii can be contacted at 2348 Lucerne Suite 214, Montreal, QC, Canada H3R 2J8. The services offered by Xumanii include any Xumanii branded URL (the -Xumanii Website-), the Xumanii instant messaging service, the Xumanii application developer service and other features, content, or applications offered from time to time by Xumanii in connection with Xumanii’s business (collectively, the -Xumanii Services-). Xumanii Services are hosted in the United States.
This Terms of Use Agreement (-Agreement-) sets forth the legally binding terms for your use of the Xumanii Services. By using the Xumanii Services, you agree to be bound by this Agreement, whether you are a -Visitor- (which means that you simply browse the Xumanii Website, including through a mobile device or otherwise use the Xumanii Services without being registered) or you are a -Member- (which means that you have registered with Xumanii). The term -User- refers to a Visitor or a Member. You are only authorized to use the Xumanii Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement carefully and save it. If you do not agree to be bound by it or with any of the legal provisions applicable to it and to follow all applicable laws, you should leave the Xumanii Website and discontinue use of the Xumanii Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the Xumanii Services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes Xumanii's policy for acceptable use of the Xumanii Services and Content posted on or through the Xumanii Services and your rights, obligations and restrictions regarding your use of the Xumanii Services and Content posted on or through the Xumanii Services. In order to participate in certain Xumanii Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from Xumanii. Unless otherwise provided by the additional terms and conditions applicable to the Xumanii Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: ''contact [AT] xumanii.com'', Subject: Terms of Use Agreement.
Xumanii may modify this Agreement from time to time and such modification shall be effective upon posting by Xumanii on the Xumanii Website. Your continued use of the Xumanii Services after Xumanii posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on or through the Xumanii Services and that you provide to other Users. Your Xumanii profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other Xumanii Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Xumanii assumes no responsibility or liability for this material. If you become aware of misuse of the Xumanii Services by any person, please click on the -Contact Xumanii- or the -FLAG button- link at the top of each profile page to report an abuse.
Xumanii reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Xumanii Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Xumanii expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Xumanii Services if Xumanii determines, in its sole discretion, that you have violated this Agreement or pose a threat to Xumanii and/or its Users and/or violating any applicable law.
1. Eligibility. Use of the Xumanii Services and registration to be a Member for the Xumanii Services (-Membership-) is void where prohibited. By using the Xumanii Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Xumanii Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Xumanii Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Xumanii may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect.
3. Fees. You acknowledge that Xumanii reserves the right to charge for any portion of the Xumanii Services and to change its fees (if any) from time to time in its discretion. If Xumanii terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Xumanii immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Use by Members. The Xumanii Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by Xumanii. Xumanii reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Xumanii Services, including collecting usernames, userid numbers and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Xumanii Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. Xumanii reserves the right to take appropriate legal action for any illegal or unauthorized use of the Xumanii Services.
6. Proprietary Rights in Content on Xumanii.
6.1 Xumanii does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, -Content-) that you post on or through the Xumanii Services. After posting your Content to the Xumanii Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing (-posting-) any Content on or through the Xumanii Services, you hereby grant to Xumanii a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Xumanii Services, including without limitation distributing part or all of the Xumanii Website in any media formats and through any media channels, except Content marked -private- will not be distributed outside the Xumanii Website. This limited license does not grant Xumanii the right to sell or otherwise distribute your Content outside of the Xumanii Services. After you remove your Content from the Xumanii Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the Xumanii Website you change the Content’s privacy setting to -private,- we will cease distribution of such -private- Content outside the Xumanii Website as soon as practicable after you make the change.
6.2 The license you grant to Xumanii is non-exclusive (meaning you are free to license your Content to anyone else in addition to Xumanii), fully-paid and royalty-free (meaning that Xumanii is not required to pay you for the use on the Xumanii Services of the Content that you post), sublicensable (so that Xumanii is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Xumanii Services), and worldwide (because the Internet and the Xumanii Services are global in reach).
6.3 You represent, warrant and covenant that: (i) you own the Content posted by you on or through the Xumanii Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the Xumanii Services does not violate any applicable laws, including but not limited to the privacy rights, publicity rights, intellectual property rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any Content posted by you on or through the Xumanii Services.
6.4 The Xumanii Services contain Content of Xumanii (-Xumanii Content-). Xumanii Content is protected by copyright, trademark, patent, trade secret, industrial secret, and other laws, and Xumanii owns and retains all rights in the Xumanii Content and the Xumanii Services. Xumanii hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Xumanii Content (excluding any software code) solely for your personal use in connection with viewing the Xumanii Website and using the Xumanii Services.
6.5 The Xumanii Services contain Content of Users and other Xumanii licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Xumanii Services.
6.6 Xumanii performs technical functions necessary to offer the Xumanii Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Xumanii Services.
7. Content Posted.
7.1 Xumanii may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Xumanii violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Xumanii assumes no responsibility for monitoring the Xumanii Services for inappropriate Content or conduct. If at any time Xumanii chooses, in its sole discretion, to monitor the Xumanii Services, Xumanii nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
7.2 You are solely responsible for the Content that you post on or through any of the Xumanii Services, and any material or information that you transmit to other Members and for your interactions with other Users.
7.3 You are solely responsible for ensuring that all Content that you post on or through any of the Xumanii Services, and any material or information that you transmit to other Users, conforms to all applicable data protection and privacy laws, including ensuring that you have obtained the prior consent of any and all individuals whose personal information you use and/or disclose on or through Xumanii.
8 Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Xumanii Services. Xumanii reserves the right to investigate and take appropriate legal action against anyone who, in Xumanii's sole discretion, violates this provision, including without limitation, removing the offending Content from the Xumanii Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Xumanii:
8.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.2 harasses or advocates harassment of another person;
8.3 exploits people in a sexual or violent manner;
8.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
8.5 solicits personal information from anyone under 18;
8.6 publicly posts information that poses or creates a privacy or security risk to any person;
8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
8.9 involves the transmission of -junk mail,- -chain letters,- or unsolicited mass mailing, instant messaging, -spimming,- or -spamming-;
8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
8.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
8.13 involves commercial activities and/or sales without prior written consent from Xumanii such as contests, sweepstakes, barter, advertising, or pyramid schemes;
8.14 includes a photograph or video of another person that you have posted without that person's consent;
8.15 for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile;
8.16 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person; or
8.17 promotes propaganda and/or symbols of organizations which are unconstitutional or illegal in your country.
The following are examples of the kind of activity that is illegal or prohibited on the Xumanii Website and through your use of the Xumanii Services. Xumanii reserves the right to investigate and take appropriate legal action against anyone who, in Xumanii's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
8.18 criminal or tortious activity, including child pornography, corruption of minors, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, intellectual property rights (including but not limited to copyright, trademark and patent infringement), or theft of trade or industrial secrets;
8.19 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Xumanii Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, Xumanii reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Xumanii deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the Xumanii Services, you acknowledge that you will have caused substantial harm to Xumanii, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Xumanii USD $50 for each such unsolicited email or other unauthorized commercial communication you send through the Xumanii Services;
8.20 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Xumanii Services;
8.21 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
8.22 covering or obscuring the banner advertisements on your personal profile page, or any Xumanii page via HTML/CSS or any other means;
8.23 any automated use of the system, including but not limited to, using scripts to add friends or send comments or messages;
8.24 interfering with, disrupting, or creating an undue burden on the Xumanii Services or the networks or services connected to the Xumanii Services;
8.25 impersonating or attempting to impersonate another Member, person or entity;
8.26 for band, comedy, filmmaker and other profiles containing a Xumanii player, copying the code for your Xumanii Player and embedding it (or directing others to embed it) anywhere other than your band profile on Xumanii;
8.27 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8.28 selling or otherwise transferring your profile;
8.29 using any information obtained from the Xumanii Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
8.30 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Xumanii Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your -Top 8- friends, or sending private messages with a commercial purpose; or
8.31 using the Xumanii Services in a manner inconsistent with any and all applicable laws and regulations.
9 Protecting Copyrights and Other Intellectual Property. Xumanii respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Xumanii has the right to terminate the Membership of infringers.
If you believe your work has been copied and posted on or through the Xumanii Services in a way that constitutes copyright infringement, please send Xumanii's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Xumanii Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Xumanii's Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Xumanii, Copyright Agent, Xumanii, Inc., 2348 Lucerne Suite 214, Montreal, QC, Canada H3R 2J8; email : ''contact [AT] xumanii.com'' Attn : Copyright Agent. Xumanii provides certain tools and technologies to help facilitate copyright owners’ control over their copyrighted works.
10. Member Disputes. You are solely responsible for your interactions with other Xumanii Members. Xumanii reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
11. Privacy. Use of the Xumanii Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
12. Disclaimers. Xumanii is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the Xumanii Services, whether caused by Users of the Xumanii Services or by any of the equipment or programming associated with or utilized in the Xumanii Services and such User Content does not necessarily reflect the opinions or policies of Xumanii. Profiles and third party applications created and posted by Members on the Xumanii Website may contain links to other websites. Xumanii is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Xumanii. Inclusion of any linked website on the Xumanii Services does not imply approval or endorsement of the linked website by Xumanii. When you access these third-party sites, you do so at your own risk. Xumanii takes no responsibility for third party advertisements or third party applications that are posted on or through the Xumanii Services, nor does it take any responsibility for the goods or services provided by its advertisers. Xumanii is not responsible for the conduct, whether online or offline, of any User of the Xumanii Services. Xumanii assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Xumanii is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Xumanii Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Xumanii Services. Under no circumstances shall Xumanii be responsible for any loss or damage, including personal injury or death, resulting from use of the Xumanii Services, attendance at a Xumanii event, from any User Content posted on or through the Xumanii Services, or from the conduct of any Users of the Xumanii Services, whether online or offline. The Xumanii Services are provided -AS-IS- and as available and Xumanii expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Xumanii cannot guarantee and does not promise any specific results from use of the Xumanii Services.
13. Limitation on Liability. IN NO EVENT SHALL XUMANII BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE XUMANII SERVICES, EVEN IF XUMANII HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, XUMANII'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO XUMANII FOR THE XUMANII SERVICES DURING THE TERM OF MEMBERSHIP.
14. U.S. Export Controls. Software available in connection with the Xumanii Services (the -Software-) is further subject to United States export controls. No Software may be downloaded from the Xumanii Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
15. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and Xumanii agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any dispute arising out of the Agreement or the Xumanii Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
16. Indemnity. You agree to indemnify and hold Xumanii, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Xumanii Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Xumanii Services causes Xumanii to be liable to another.
17. Other. This Agreement is accepted upon your use of the Xumanii Website or any of the Xumanii Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Xumanii regarding the use of the Xumanii Services. The failure of Xumanii to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Xumanii is a trademark of Xumanii, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: Contact Xumanii with any questions regarding this Agreement.
Payment policies and money transfer policies on Xumanii
Xumanii credits
When you buy Xumanii credits with your credit card, you will receive instant available credits in your account.
If you earn Xumanii credits by selling music, you will receive available credits instantly.
If you earn Xumanii credits by selling Live events, tickets, products, your earned credits will be lpaced temporarly in a status of - Pending credits -. They will remain pending for a period of time for security purposes. Live events and tickets will remain pending until 2 weeks after the end of the event. Products will remain pending for 3 weeks after the sale of the product. Once the - Pending - period is over, your credits will be transfered to your - Available credit - balance.
Refunds
Xumanii reserve the rights to refund in xumanii credits, or by check, or by a credit card refund any member who purchase from an an other Xumanii member. In the eventuality that Xumanii would refund a member, the credits in the refund transaction will be taken out of the selling member’s profile account from his pending credits or from his available credits.
If you are a Xumanii member and you wish to get a refund on your available credits that you have purchased, please send us an email at ''contact [AT] xumanii.com'' and a Xumanii agent will refund your credit card.
Payment in cash:
Payments to members can be make in Canadian dollars or in US dollars. Payments are made twice a month, on the 1st and the 16th of each month. To receive a payment, log in to your account, and click www.Xumanii.com/withdrawDetails.php , fill out the form and we will send you a check on the next pay period.
You can only request a check for your available credits that have not been purchased by a credit card. This is done for security reasons. So you can only receive a check for your earned credits that were converted to available credits.
Payments are sent within 5 days of the next payment date.
Payment are sent by check and the fee structure is display on the the www.Xumanii.com/withdrawDetails.php page.
For payments made in canadian dollars, Xumanii will take the current daily exchange rate of the day you request your payment.
Fees & Comissions:
No fees or comissions will be charged when a member purchase credits with a credit card.
For all music sales (MP3 and albums) and live event sales Xumanii will take a 20 % comission that will be taken out of the seller’s Xumanii credits.
For all physical tickets sales and physical products sales Xumanii will take a 15 % comission that will be taken out of the seller’s Xumanii credits.
Currencies and exchange rates :
1 Xumanii credit is always worth 1 dollar US.
Every credit card transaction will always be made in US dolalrs. Xumanii will give an approximate amount in various currencies, but the true cost and the real convertion to a local currency wioll be made directly by the credit cards company and Xumanii is not responsabile for the difference in currency convertion rates.
Xumanii Privacy Policy
Xumanii, Inc. (-Xumanii- or -we-) operates Xumanii.com. This Privacy Policy describes Xumanii’s use and sharing of personally identifiable information (-PII--- your full name, email address, mailing address, telephone number, or credit card number) as well as data that can, under certain circumstances, indirectly lead to PII (-Related Data-) that Members voluntarily provide to Xumanii when they register. The Term -User- refers to a Visitor or a Member. This Privacy Policy applies to the services offered by Xumanii, including any Xumanii branded URL (the -Xumanii Website-), the Xumanii instant messaging service, the Xumanii application developer service and other features, and any other features, content, or applications offered from time to time by Xumanii in connection with the Xumanii Website (collectively, the -Xumanii Services-).
The Xumanii Services are hosted in the United States. If you are located outside the United States, you expressly agree that PII and Related Data will be transferred to the United States for the purposes set out in this Privacy Policy as a result of your using the Xumanii Services.
The Xumanii Website is a general audience site and does not knowingly collect PII or Related Data from children under 13 years of age.
From time to time Xumanii may modify this Privacy Policy to reflect industry initiatives or changes in the law, our PII or Related Data collection and use practices, the features of the Xumanii Services, or technology, and such modifications shall be effective upon posting by Xumanii on the Xumanii Website. Your continued use of the Xumanii Services after Xumanii posts a revised Privacy Policy signifies your acceptance of the revised Privacy Policy. It is therefore important that you review this Privacy Policy regularly to ensure you are updated as to any changes. If Xumanii materially changes its practices regarding collection or use of your PII or Related Data, your PII and Related Data will continue to be governed by the Privacy Policy under which it was collected unless you have been provided notice of, and have not objected to, the change.
COLLECTION AND SUBMISSION OF PII AND NON-PII ON XUMANII
General. Xumanii collects your email address, first and last name, postal code, gender, and date of birth from you in order to register you as a Member (-Registration Data-). Xumanii cannot register you as a Member without this information. All other information you provide during the Xumanii registration or that you post on the Xumanii website is voluntary. Xumanii may also collect PII from you if you choose to participate in Xumanii Services activities like contests, because you want us to furnish you with products, services, newsletters, or information, or in connection with content or suggestions you submit to Xumanii for review.
In addition, Xumanii collects other Related Data and non-PII including IP address, aggregate user data, and browser type. This data is used to manage and improve the Xumanii Services, track usage, and for security purposes.
Xumanii Members may also choose to provide or store non-PII information and Related Data in their profiles, including but not limited to date of birth, interests, hobbies, lifestyle choices, groups with whom they are affiliated (schools, companies), videos and/or pictures, private messages, bulletins or personal statements (collectively -Profile Information-). The Profile Information in a Member’s profile is provided at his or her sole discretion. Please be aware that your Profile Information, as well as any information posted to any public forum, can be accessed by the public. Profile Information located on private profiles can be accessed by Xumanii at all times and, in limited cases, by certain third parties authorized by Xumanii for purposes of ensuring compliance with Xumanii’s Terms of Use.
Xumanii Members can change their Registration Data and Profile Information at any time and can control how Visitors, other Members and Xumanii communicate with them by controlling their account settings, available within the -Account Settnigs- portion of their Xumanii profile.
Xumanii determines the purposes of collection, use and disclosure of the Registration Data you provide and, as such, is considered the data controller of this information. Because the Member, not Xumanii, determines the purposes for which Profile Information is collected, used and disclosed, Xumanii is not the data controller of Profile Information that Members provide on their profile.
Cookies. Cookies are small bits of information that Xumanii places on your computer. Xumanii uses cookies to identify your Internet browser, store Users’ preferences, and determine whether you have installed the enabling software needed to access certain material on the Xumanii Services. Data in cookies may be read to authenticate user sessions or provide services.
Third party advertisements displayed on Xumanii Services may also contain cookies set by Internet advertising companies or advertisers (known as -third party cookies-). Xumanii does not control these third party cookies and Users of the Xumanii Services should check the privacy policy of the Internet advertising company or advertiser to see whether and how it uses cookies. See the -Notice- section below for more information on customized advertising on Xumanii. A pixel tag is a tiny image inserted in a webpage and used to record the number and types of views for that page. Xumanii may allow third party pixel tags to be present on Xumanii Services for purposes of advertising, providing services or data and statistics collection.
You can program your computer to warn you each time a cookie is being sent, block third party cookies or block all cookies. However, by blocking all cookies you may not have access to certain features on the Xumanii Services.
NOTICE: XUMANII WILL PROVIDE YOU WITH NOTICE ABOUT ITS PII COLLECTION PRACTICES
When you voluntarily provide PII to Xumanii, we will make sure you are informed about who is collecting the information, how and why the information is being collected and the types of uses Xumanii will make of the information to the extent it is being used in a manner that differs from what is allowed pursuant to this Privacy Policy.
At the time you provide your PII, Xumanii will notify you of your options regarding our use of your PII (See -Choice- below). Except as described in this Privacy Policy, Xumanii will not share your PII with third parties (excluding those set out in this Privacy Policy) unless you have given Xumanii permission to do so (See -Use- below).
Xumanii Services may be linked to Internet sites operated by other companies. Xumanii Services may also carry advertisements from other companies. Xumanii may transfer Related Data such as IP addresses to certain advertising partners located in your country of residence or abroad. Xumanii is not responsible for the privacy practices of websites or other services operated by third parties that are linked to or integrated with the Xumanii Services or for the privacy practices of third party Internet advertising companies. Once you leave Xumanii Services via such a link, access a third party application (such as widgets) or click on an advertisement, you should check the applicable privacy policy of the third party or advertiser site to determine, among other things, how they will handle any PII they collect from you.
Xumanii Services may also be linked to sites operated by companies affiliated with Xumanii. Users who visit those Affiliated Company sites should still refer to their separate privacy policies and practices, which may differ in some respects from this Privacy Policy.
Xumanii may use cookies and similar tools to customize the content and advertising you receive based on the Profile Information you have provided. Profile Information you provide in structured profile fields or questions (multiple choice questions like -Marital Status,- -Education- and -Children-) (-Structured Profile Information-), information you add to open-ended profile fields and questions (essay questions like -About Me,- -Interests- and -Movies-) (-Non-Structured Profile Information-) and other non-PII and Related Data about you may also be used to customize the online ads you encounter to those we believe are aligned with your interests. For example, based on your music interests we might display an advertisement to make sure you are advised when your favorite band is coming to town. The information used for this feature does not provide your PII or identify you as an individual to third parties, but will involve the processing of certain Related Data such as IP addresses. If you would like to disable this advertising customization for Non-Structured Profile Information, please log in and go to - account settings -
Some of the advertisements that appear on Xumanii Services may also be delivered to you by third party Internet advertising companies. These companies utilize certain technologies to deliver advertisements and marketing messages and to collect non-PII information and Related Data about your visit to or use of Xumanii Services, including information about the ads they display, via a cookie placed on your computer that reads your IP address.
Third party applications (such as widgets) created by third party developers may also be available on the Xumanii Services. Third party applications are small bits of software, often with interactivity, that can be installed into Members’ profiles or shared with other Users. However, Xumanii does not control the third party developers, and cannot dictate their actions. When a Member engages with a third party application, that Member is interacting with the third party developer, not with Xumanii. Xumanii encourages Members not to provide PII to the third party’s application unless the Member knows the party with whom it is interacting.
Xumanii and certain copyright holders have signed an agreement pursuant to which copyright holders may utilize Xumanii’s Rights Management Tools (collectively, the -Tool-) to automatically block the upload of audio and audiovisual content for which the copyright holder has supplied content identifiers in the required format. In addition, from time to time, Xumanii may use the Tool to examine information (including Profile Information located on private profiles) to detect the presence of content that matches content for which copyright holders have supplied content identifiers. If the Tool blocks the upload of such content, and/or otherwise removes content already uploaded to the Xumanii Website, the Member will receive a notice and may have an opportunity respond to the notice through a counter-notice. Copyright holders may have access to certain Related Data and Profile Information when they operate the Tool, but will not have access to any PII unless the Member expressly consents to providing PII to the copyright holder in the context of a counter-notice.
CHOICE: XUMANII WILL PROVIDE YOU WITH CHOICES ABOUT THE USE OF YOUR PII
Except as described in this Privacy Policy, Xumanii will get your permission before we use the PII you provide to us in a way that is inconsistent with the purpose for which it was submitted or share your PII with third parties that are not affiliated with Xumanii.
USE: XUMANII'S USE OF PII
Xumanii will only use the PII you provide under this Privacy Policy in a manner that is consistent with this Privacy Policy. If Xumanii obtains PII from a third party, such as a business partner, our use of that information is also governed by this Privacy Policy.
In order to locate other Xumanii Members that you may already know in the physical world, Xumanii allows Users to search for Members using Registration Data (i.e., full name or email address). Xumanii also allows Users to browse for certain Profile Information in order to help connect with Members (i.e., schools and/or companies where Users may have attended or worked). Xumanii may also enable Members to publicly display some Registration Data as an element of their Profile Information if they choose to do so via a profile setting under -Edit Profile.- Search engines may index the portion of a Member’s profile (including the Profile Information it contains) that is publicly displayed.
If you have consented to receive promotional materials (e.g., newsletters) or notifications from Xumanii, Xumanii may periodically use your email address to send you such materials related to the Xumanii Services, as applicable. If you want to stop receiving such materials from Xumanii, you can change your profile settings under -Account Settings,- or follow the unsubscribe instructions at the bottom of each email.
Xumanii employees, agents and contractors must have a business reason to obtain access to your PII and Related Data. Xumanii may share your PII and Related Data with those who help us manage or provide Xumanii Services’ information activities (for example., message board administration, order fulfillment, statistical analyses, data processing), or with outside contractors, agents or sponsors who help us with the administration, judging and prize fulfillment aspects of contests, promotions and sweepstakes. These outside contractors, agents or sponsors may temporarily store some information on their servers, but they may only use your PII to provide Xumanii with a specific service and not for any other purpose.
Xumanii may also provide your PII to a third party in those instances where you have chosen to receive certain information and have been notified that the fulfillment of such a request requires the sharing of your PII. Xumanii also may share your PII with Affiliated Companies if it has a business reason to do so.
As described in -Notice- above, Xumanii may customize the advertising and marketing messages you receive on the Xumanii Website, or may work with outside companies to do so. Your Related Data, non-PII and/or Profile Information may be shared with these companies so this customization can be accomplished. Xumanii prohibits these companies from sharing your Related Data, non-PII and/or Profile Information with any third party or from using it for any other purpose. Anonymous click stream, number of page views calculated by pixel tags, and aggregated demographic information may also be shared with Xumanii’s advertisers and business partners.
There may be instances when Xumanii may access or disclose PII, Related Data, Profile Information or non-PII without providing you a choice in order to: (i) protect or defend the legal rights or property of Xumanii, our Affiliated Companies or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of Users of the Xumanii Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process. In addition, if Xumanii sells all or part of its business or makes a sale or transfer of all or a material part of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Xumanii may transfer your PII to the party or parties involved in the transaction as part of that transaction.
When a Member chooses to post Profile Information that will be publicly disclosed, that Member is responsible for ensuring that such information conforms to all local data protection laws. Xumanii is not responsible under any data protection laws for Member posted information.
SECURITY: XUMANII PROTECTS THE SECURITY OF PII
Xumanii uses commercially reasonable administrative, technical, personnel and physical measures to safeguard PII and credit card information in its possession against loss, theft and unauthorized use, disclosure or modification. In addition, Xumanii uses reasonable methods to make sure that PII is accurate, up-to-date and appropriately complete.
ACCESS, REMEDIES AND COMPLIANCE: HOW TO ACCESS, CORRECT OR CHANGE YOUR PREFERENCES REGARDING YOUR PII AND HOW TO CONTACT XUMANII ABOUT PRIVACY CONCERNS
Whenever possible, Xumanii Members may review the Registration Data we maintain about them in our records. We will take reasonable steps to correct any PII a Member informs us is incorrect. If you are a Member, you can view and change your Registration Data, Member preferences and Profile Information by logging into your account and accessing features such as -Edit Profile- and -Account Settings.-
If you ask Xumanii to stop using your PII, Xumanii will honor that request while retaining any record of your PII that is necessary to comply with applicable federal, state or local law.
If you would like to communicate with us about this Privacy Policy or Xumanii’s collection and use of your PII please contact Xumanii at:
Email:
''contact [AT] xumanii.com''
Mail:
2348 Lucerne Suite 214, Montreal, QC, Canada H3R 2J8
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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