Terms &
Conditions for X-Leprechaun
These terms and conditions ("terms") govern your access
and use of our website and services ("services") provided by X-Leprechaun ("we", "us", "our"). By using
our services, you agree to be bound by these terms. If you do not agree to these terms, you must not use
our services.
Eligibility
You must be at least 18 years old to use our services. You must
also comply with all applicable laws and regulations in your jurisdiction. You are solely responsible for
verifying the legality of using our services in your location.
Account Registration
You may
need to register an account to access some features of our services. You must provide accurate and
complete information when creating your account. You must also keep your account information secure and
confidential. You are responsible for all activities that occur under your account. You must notify us
immediately of any unauthorized access or use of your account.
Service Rules
You agree to
use our services in a lawful, respectful, and responsible manner. You must not:
- Use our services
for any illegal, fraudulent, or harmful purpose
- Use our services to harass, abuse, defame, or
threaten anyone
- Use our services to infringe or violate the rights of anyone, including intellectual
property, privacy, or publicity rights
- Use our services to transmit or distribute any virus, malware,
or other harmful code
- Use our services to interfere with or disrupt the operation or security of our
services or any third-party services
- Use our services to circumvent or manipulate any fees, charges,
or limits imposed by us or our partners
- Use our services to create or use multiple accounts for
fraudulent or abusive purposes
- Use our services to modify, adapt, reverse engineer, or hack our
services or any part thereof
- Use our services to sell, resell, rent, lease, or sublicense our
services or any part thereof
- Use our services to impersonate or misrepresent your affiliation with
anyone
We reserve the right to monitor, moderate, suspend, terminate, or delete your account or
access to our services at any time and for any reason, without notice or liability to
you.
Intellectual Property
We own or have the right to use all the content, graphics, logos,
trademarks, and other materials that appear on our website or are part of our services ("our content").
Our content is protected by intellectual property laws and international treaties. You may not copy,
reproduce, distribute, display, modify, or create derivative works from our content without our prior
written consent.
You retain all the rights to the content that you create, upload, or share on our
website or through our services ("your content"). You grant us a non-exclusive, royalty-free, worldwide,
perpetual, irrevocable, and sublicensable license to use, store, display, reproduce, modify, adapt,
distribute, and promote your content in connection with our services and our business, subject to our
privacy policy.
You represent and warrant that you have the right to grant us the license to your
content and that your content does not violate any rights of anyone, including intellectual property,
privacy, or publicity rights.
Disclaimer
Our services are provided "as is" and "as
available" without any warranties of any kind, either express or implied. We disclaim all warranties,
including, but not limited to, the warranties of merchantability, fitness for a particular purpose,
non-infringement, and title.
We do not warrant that our services will be uninterrupted, error-free,
secure, or free of viruses or other harmful components. We do not warrant that the results of using our
services will be accurate, reliable, or satisfactory. We do not warrant that any information or content
provided by us or our partners is complete, correct, or up to date.
You use our services at your
own risk and discretion. You are solely responsible for any damage or loss that results from your use of
our services, including, but not limited to, any damage or loss to your device, data, or
reputation.
Limitation of Liability
To the fullest extent permitted by law, we and our
affiliates, directors, officers, employees, agents, and partners will not be liable for any direct,
indirect, incidental, consequential, special, exemplary, or punitive damages, or any other damages of any
kind, arising out of or in connection with your use of our services, your inability to use our services,
or any content or materials provided by us or our partners, even if we have been advised of the
possibility of such damages.
In no event will our total liability to you for all damages, losses,
and causes of action exceed the amount paid by you, if any, for accessing or using our services in the 12
months preceding the event giving rise to the liability.
Some jurisdictions do not allow the
exclusion or limitation of certain damages, so some or all of the above exclusions or limitations may not
apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless us and our
affiliates, directors, officers, employees, agents, and partners from and against any and all claims,
liabilities, damages, losses, costs, expenses, and fees, including reasonable attorneys' fees, arising out
of or in connection with your use of our services, your violation of these terms, your content, or your
violation of any rights of anyone.
Dispute Resolution
Any dispute, claim, or controversy
arising out of or in connection with these terms, our services, or our content will be resolved by binding
arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration
Rules and Supplementary Procedures for Consumer-Related Disputes. The arbitration will be conducted in
English and will take place in New York, New York, USA. The arbitrator's decision will be final and
binding and may be enforced in any court of competent jurisdiction. You and we agree to waive any right to
a jury trial or to participate in a class action or representative action. You and we agree that any claim
or cause of action arising out of or in connection with these terms, our services, or our content must be
brought within one year after the claim or cause of action arises, or else the claim or cause of action
will be permanently barred.
Governing Law
These terms and your use of our services will be
governed by and construed in accordance with the laws of the State of New York, USA, without regard to its
conflict of laws principles. You and we agree to submit to the personal and exclusive jurisdiction of the
state and federal courts located in New York, New York, USA, for any disputes not subject to
arbitration.
Severability
If any provision of these terms is found to be invalid or
unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and
effect, and the invalid or unenforceable provision will be deemed modified to the extent necessary to make
it valid and enforceable.
Waiver
No waiver of any provision of these terms or any right or
remedy under these terms will be effective unless in writing and signed by the party waiving the
provision, right, or remedy. No waiver of any provision, right, or remedy will be deemed a further or
continuing waiver of the same or any other provision, right, or remedy.
Assignment
You may
not assign, transfer, or delegate these terms or any of your rights or obligations under these terms
without our prior written consent. We may assign, transfer, or delegate these terms or any of our rights
or obligations under these terms without your consent.
Entire Agreement
These terms,
together with our privacy policy and any other agreements or policies that are incorporated by reference,
constitute the entire agreement between you and us regarding your use of our services and supersede any
prior or contemporaneous agreements, communications, or understandings, whether oral or written, between
you and us.
Contact Us
If you have any questions or feedback about these terms or our
services, please contact us at:
X-Leprechaun
123 Rainbow Street
Dublin, Ireland
Email:
[email protected]