Acceptance Of Terms- myXenzo provides services to you subject to the following Terms of Service ("TOS"), which may be updated periodically. Updates will take effect when posted on our website. Registration Data and certain other information about you is subject to our Privacy Policy . You understand that through your use of
myXenzo's service you consent to the collection and use (as set forth in the Privacy Policy) of this information.
Description Of Service- myXenzo provides users with a platform, to send text messages, create matches, create multiple profiles and network to users through any various medium or device now known or hereafter developed and to use location based services. You understand and agree that the
service is provided "AS-IS" and that myXenzo assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and acknowledge that such access may involve third-party fees. You are responsible for those fees and charges that we may notify to you.
Your Registration Obligations- By registering with myXenzo you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration process and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. If you provide any information that is false, untrue, inaccurate, not current or incomplete, or
myXenzo has reasonable grounds to suspect that such information is false, untrue, inaccurate, not current or incomplete,
myXenzo has the right to suspend or terminate your account and refuse any and all current or future use of the Service.
Member Conduct- It is understood by you that all information, messages, data, text, software, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not
myXenzo, are entirely responsible for all Content that you download, upload, post, email, transmit or otherwise make available via the Service. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
myXenzo will not be liable for any Content loss or damage of any kind incurred as a result of the use of any Content downloaded, uploaded, posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
Download, upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
Harm minors in any way;
Impersonate any person or entity, including a myXenzo staff member or volunteer, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Download, upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or regulation or under contractual or fiduciary,
Download, upload, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, privacy or other proprietary rights of any party,
Download, upload, post, email, transmit or otherwise make available any material that contains software viruses, bugs or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware,
Intentionally or unintentionally violate any applicable local, state, national or international law, regulation or code of practice.
Provide material support or resources to any illegal organization(s).
"stalk", spam or otherwise harass another user.
Collect or store personal data about other users for business purposes.
Run any automated systems, processes, scripts or bots for any purpose without the express written permission of
myXenzo.
You acknowledge that myXenzo may or may not pre-screen Content, but that
myXenzo and its designees shall have the right in their sole discretion to pre-screen, refuse, take down or move any Content that is available via the Service.
myXenzo and its designees shall have the right to remove any Content that
myXenzo or its designees consider to be in violation of these TOS or is otherwise objectionable.
You acknowledge, consent and agree that myXenzo may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary:
To comply with legal process;
To enforce these TOS;
To respond to claims that any Content violates the rights of third parties;
To respond to your requests for customer service;
To protect the rights, property or personal safety of myXenzo, its users and the public; and
As otherwise specified in our Privacy Policy.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by
myXenzo and/or content providers who provide content to the Service.
Password And Security- Upon registration for the Service, you will be required to provide
myXenzo with your password and user name. You understand that you are solely responsible for maintaining the confidentiality of your password and user name and that you will be solely and fully responsible for all activities that occur under your password and user name.
myXenzo shall not be responsible for any damage, loss, claim or other liability that may arise from the unauthorized use of any password or user name
myXenzo Privacy Policy- Concerns about privacy are addressed in our Privacy Policy. By agreeing to these TOS, you agree that you have read, understand, and accept the terms and conditions of the Privacy Policy, which are incorporated herein by reference.
Content Submitted Or Made Available For Inclusion On The Service-
myXenzo does not claim ownership of Content you submit or make available for inclusion on the Service. With respect to Content you submit or make available for inclusion on publicly accessible areas of the Service you grant
myXenzo to use, distribute, reproduce, modify, adapt, prepare derivative works from, incorporate into other works, distribute, publicly perform and publicly display such Content.
No Resale Of Service- You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Modifications To Service- myXenzo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that
myXenzo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Termination- You agree that myXenzo may, under certain circumstances and without prior notice, immediately suspend or terminate your
myXenzo account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to:
Breaches or violations of these TOS our Privacy Policy or other incorporated agreements or guidelines,
Requests by law enforcement or other government agencies,
A request by you (self-initiated account deletions),
Discontinuance or material modification to the Service (or any part thereof),
Unexpected technical or security issues or problems,
Extended periods of inactivity,
Engagement by you in fraudulent or illegal activities.
Termination or suspension of your myXenzo account includes removal of access to all offerings within the Service.
Any fees or charges due to myXenzo at the date of termination shall be paid immediately.
Limitation Of Liability- Except in jurisdictions where such provisions are not permitted you expressly understand and agree that
myXenzo and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any damages including, but not limited to, damages for loss of revenue, profits, business, goodwill, anticipated savings, use, data or other intangible losses resulting from:
The use or the inability to use the service;
The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
Unauthorized access to or alteration of your transmissions or data;
Statements or conduct of any third party on the service; or
Any other matter relating to the service.
Nothing in these TOS shall exclude or limit myXenzo's liability for death or personal injury resulting from
myXenzo's negligence.
No Warranty- myXenzo disclaims any warranty or condition of fitness for purpose, merchantability or non-infringement. In entering into these TOS you do not do so basis of, and do not rely on any representation, warranty or other provision except as expressly provided in these TOS and all conditions, warranties or other terms implied by law are excluded to the fullest extent permitted by applicable law.
myXenzo does not warrant that the provision of the Service will be fault free or uninterrupted.
Trademark Information- The myXenzo logo, name, trademarks, service marks, product and service names (collectively 'trademarks') are trademarks of
myXenzo. Without myXenzo's prior permission in writing, you agree not to display or use them in any manner. Title to and ownership of the trademarks shall remain at all times with
myXenzo.
Notice- myXenzo may provide you with notices, including those regarding changes to these TOS, by email, regular mail or postings on our website.
Injunctive Relief- You acknowledge that your breach or violation of these TOS may cause irreparable damage and harm to
myXenzo and other users of the Service and you hereby agree that myXenzo shall be entitled to seek injunctive relief under these TOS as well as such further relief as may be granted by a court of competent jurisdiction in any jurisdiction. If
myXenzo seeks injunctive relief myXenzo shall be entitled to choose which governing law shall apply.
Law and Jurisdiction- Subject to the preceding section (Injunctive Relief), these TOS are governed by the laws of England and the parties submit to the exclusive jurisdiction of the English Courts.
Interactions With Other Users of the Service- You are solely responsible for the way you interact with other users of the Service.
Assignment- You may not assign or transfer any of your rights or obligations under these TOS without our prior written consent.
Entire Agreement- These TOS and our Privacy Policy represent the entire agreement and understanding in relation to the subject matter hereof and supersede all prior understandings and representations, whether written or oral.
No Waiver- Failure by myXenzo to exercise or enforce any right conferred by these TOS shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right on any later occasion.
Severability- If any part of these TOS, is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that part will, to the extent required, be severed and will be ineffective without, as far as possible, modifying any other part of these TOS and this will not affect any other provisions of these TOS which will remain in full force and effect.
Violations- Please report any violations of the TOS to info@myXenzo.com
Mobile- myXenzo currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
In the event you change or deactivate your mobile telephone number, you will update your account information on
myXenzo within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
Registration and Subscription / Scope of Service- You may become a member of the Service at no cost. As a member you will have the ability to participate in some, but not all, of the features and services available within the Service. In order to access additional features and services, including the ability to communicate with other members, you must become a paying subscriber to the Service.
myXenzo can change the subscription fees for the Service at any time but we will give you reasonable notice of this before we do so. If you are unhappy with any subscription fee changes you may terminate your membership by writing to our address.
Member Disputes- You are solely responsible for your interactions with other
myXenzo Members. myXenzo reserves the right, but has no obligation, to monitor disputes between you and other Members.