Terms & Conditions
Last Updated: July 13, 2021
Thank you for visiting this website of XP LAND, LLC (“XP LAND”, “we”, “us” or “our”). Before you use this website, please read the following terms and conditions (the “Terms”), which govern your use of, interactions with or other access xp.land (the “Site”), any other websites operated by XP LAND, and any other services offered by XP LAND through or in connection with the Site (collectively with the Site, the “Services”), unless otherwise indicated. These Terms constitute a binding contract between you, the “User,” and XP LAND.
By accessing, using or otherwise interacting with any part of our Services you agree to be bound by these Terms as well as all other policies, notices and terms posted on the Site including, but not limited to, our Privacy Notice and any documents referenced or incorporated therein. If you do not agree to these Terms, the Privacy Notice and our other terms and conditions, then you have no right or authorization to use the Services.
If you agree to these Terms on behalf of another person, a company or other legal entity, you represent and warrant that you have the authority to bind that person, company or other legal entity to these Terms and all of our other terms and conditions and, in that case, “you” and “your” (as used herein and in all of our other terms and conditions) will refer and apply to that person, company or other legal entity. The representation and warranty that you have the authority to bind another person, company or other legal entity shall be personally enforceable against you.
2. Privacy Notice
We are committed to preserving your privacy in accordance with our Privacy Notice which contains details concerning our practices for collecting, using, maintaining, protecting, and disclosing your information as well as the choices available to you regarding our use of your information. Please read the Privacy Notice carefully before using, accessing or otherwise interacting with any of the Services. By using, accessing or otherwise interacting with the Services, you understand and agree to our practices concerning your information as described in the Privacy Notice.
3. Changes to these Terms
XP LAND may modify, revise, replace or update these Terms at its sole discretion, at any time, and without prior notice to you. All changes to the Terms are effective immediately upon posting and apply to all use of, interactions with and other access to the Services thereafter. If any change to these Terms, the Privacy Notice or our other terms and conditions is material, we will provide notice as to the change by posting on the Site or otherwise communicating with you. We reserve the right, in our sole discretion, to determine our method of communication with you under this Section of the Terms and whether a revision is material. Because our Services are evolving, we encourage you to regularly check this page and the Site so that you understand our most current Terms. Please note that your continued use, access to or interaction with the Services after any revision to these Terms shall constitute your agreement to be bound by the revised Terms. If the revised Terms are not acceptable to you, you must stop using the Services.
4. Obligations and Restrictions on Use
Your use of the Services is conditioned on strict compliance with these Terms. You may use the Services only for lawful purposes and in accordance with these Terms. Subject to the following non-exhaustive list of restrictions and obligations, you hereby agree that you will not use the Services in any way that:
- Is unlawful, fraudulent, defamatory, obscene, or otherwise harmful, including, but not limited to, accessing content in a manner that violates any applicable laws, statutes, or regulations, infringes or violates any other person’s or entity’s rights, or that XP LAND, in its sole discretion, finds to be obscene or defamatory;
- Is in violation of any of XP LANDS’ terms and conditions, including but not limited to these Terms and the Privacy Notice;
- Is in violation of any applicable laws, including all laws in your country of residence that are applicable to the transmission of data on the internet, including, but not limited to, laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information;
- Defames, harasses, abuses, stalks, threatens or otherwise violates the legal rights of others such as rights of privacy and publicity;
- Transmits, or assists in procuring the sending of, any advertising or promotional material without our prior written consent, including, but not limited to, any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
- Impersonates or attempt to impersonate us, any of our employees or sponsors, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
- Is associated or otherwise connected to the use of any robot, spider, or other automatic device, process, or means which access the Services for any purpose, including monitoring or copying any of the material, including the intellectual property or Licensed Materials available from or on the Services;
- Is related to any manual process concerning monitoring or copying any of the material, including, without limitation, the Licensed Material, available on or through or through the Services, or for any purpose not expressly authorized in these Terms, without our prior written consent;
- Encourages another individual or entity to engage in an activity that would constitute a violation of these Terms.
With regards to the security of the Services, you hereby agree that you will not use the Services in any manner that could disable, overburden, damage, or impair the Services including, but not limited to: (1) introducing any viruses, Trojan horses, worms, logic bombs, or other materials that are malicious or are technologically harmful; (2) taking any action to attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, host or database connected to the Services; (3) attacking the Services via a denial-of-service attack or a distributed denial-of-service attack; and (4) otherwise attempting to use any device, software, or routine or taking any action that interferes with the proper working of the Services.
You also hereby agree that you will not host, display, upload, modify, publish, transmit, update or share any information on or through the Services that: (i) belongs to another person and to which you do not have any right to; (ii) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (iii) harasses or advocates harassment of another user; (iv) exploits people in a sexual or violent manner; (v) contains nudity, violence, or offensive subject matter; (vi) is grossly harmful, blasphemous, pornographic, pedophilic, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relates to or encourages money laundering or gambling, or is otherwise unlawful in any manner whatsoever; (vii) exploits, harms, or attempts to exploit or harm, minors in any way, including, but not limited to, by exposing them to inappropriate content or asking for personally identifiable information; (viii) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (ix) furthers or promotes any criminal activity or enterprise, or provides instructional information about illegal activities; (x) promotes information that is known to be false or misleading; (xi) infringes or promotes infringement of any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (xii) advertises to or solicits any user to buy or sell any products or services through the Services; (xiii) generally involves commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; (xiv) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (xv) impersonates another person; (xvi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or (xvii) threatens the unity, integrity, defense or security of the public order, causes incitement to the commission of any cognizable offence or prevents investigation of any offence.
5. Violations of these Terms and Our Suspension and Termination Rights
XP LAND has the right to investigate and determine in its sole discretion whether you have violated the provisions of these Terms. XP LAND may involve and cooperate with law enforcement authorities in prosecuting you if you actually violate or are suspected to have violated these Terms. You acknowledge that XP LAND has no obligation to monitor your use of, interactions with or other access to the Services, but has the right to do so for the purposes of operating the Services and ensuring your compliance with these Terms, the Privacy Notice, any of our other terms and conditions or other applicable law or court order.
You hereby acknowledge and agree that XP LAND has the right to, change, disable, suspend, terminate or discontinue any part of the Services, including without limitation your use of, interactions with or access to the same, in its sole discretion, at any time and without prior notice to you for any reason or no reason, including without limitation, in response to your violation of these Terms, the Privacy Notice and any other of our terms and conditions.
You hereby further acknowledge and agree that a violation of these Terms, the Privacy Notice and any other of our terms and conditions will cause substantial harm to us, monetary damages for which will which will be difficult to ascertain and for which there may be no adequate remedy at law. As such, XP LAND reserves the right to limit, suspend or terminate your right to access the Services and pursue ex-parte equitable or legal remedies to the fullest extent permitted by law.
6. Intellectual Property Policy
All content available through the Services, including, without limitation, all information, software, text, displays, images, video files, audio files, and photographs and the design, selection, and arrangement thereof delivered through the Services, as well as any logos, trade dress, or other identifying characteristics of the Services, is owned by XP LAND and its licensors (collectively, the “Licensed Materials”).
The Licensed Materials are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Under these Terms, you are permitted to use the Licensed Materials solely for personal, non-commercial use. XP LAND and its licensors retain all right, title and interest in any intellectual property as well as other applicable proprietary rights in the Licensed Materials and your use of, interactions with or other access to the Services and any Licensed Materials available on or accessible through the Services is not intended and does not grant you any right, title or interest in the Licensed Materials. Except as expressly authorized by XP LAND, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Licensed Materials or use the Licensed Materials in connection with any with any product or service without our prior written consent.
You must seek permission from XP LAND if you desire to use the Licensed Materials and any other content available on or through the Services in any way that is not authorized by these Terms. XP LAND may, in its discretion take action against you if you infringe the copyrights, trademarks, patents, trade secrets or other intellectual property or proprietary rights of others.
7. Third-Party Services and Content
The Services may include links to other sites and services that are not operated by XP LAND. Certain functions of the Services may link you to or provide you access to functions, content, sites, or services operated by third parties (collectively, “Third Party Services”). XP LAND does not verify or endorse the content or actions of Third Party Services and has no control over and assumes no responsibility for your use of, interactions with, or other access to such Third Party Services.
You hereby agree to indemnify, defend and hold harmless XP LAND, our parents subsidiaries, affiliates, representatives, agents, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including, but not limited to, reasonable attorneys’ fees and costs associated with pursuing any insurance coverage) (collectively, the “Claims”) arising out of or relating to your actual or suspected violation of these Terms, the Privacy Notice or any of our other terms and conditions, the subject matter thereof, including without limitation, your use of, interactions with, or other access to the Services, whether authorized or unauthorized, or the unlawful use of the Licensed Materials.
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS AND YOU ARE USING, INTERACTING WITH OR OTHERWISE ACCESSING THE SERVICES AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, XP LAND MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ORAL, IN WRITING OR IN ELECTRONIC FORM, AND WHETHER ARISING UNDER STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES, CONDITIONS OR GUARANTEES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AS RELATED TO OR IN CONNECTION WITH THESE TERMS, THE SUBJECT MATTER HEREOF AND THE QUALITY OF ANY SERVICES OR SITE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, SECURITY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION CONTAINED IN OR ACCESSED THROUGH THE SERVICES, WHETHER OR NOT PROVIDED BY XP LAND OR BY ANY OF THE INDEMNIFIED PARTIES. XP LAND MAKES NO WARRANTY THAT THE SERVICES OR SITE CONTENT WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED OR THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
By using, interacting with or otherwise accessing the Services, you also hereby acknowledge and agree that we may from time to time, update the content, including without limitation, the Licensed Materials, available on or through the Services. Such updates do not necessarily constitute content that is complete or up-to-date. At any time, any of the content on or available through the Services may be out of date, and we are under no obligation to update such content.
10. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR USE OF, INTERACTION WITH OR OTHER ACCESS TO THE SERVICES REMAINS WITH YOU. IN NO EVENT WILL XP LAND, THE INDEMNIFIED PARTIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT AVAILABLE THEREON, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, RELIANCE, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND, WHETHER SUCH DAMAGES ARE BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STATUTE, COMMON LAW OR ANY OTHER LEGAL THEORY, WHETHER NOW KNOWN OR YET TO BE DEVISED, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER ANY OF THE FOREGOING PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED, TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS OR PROPERTY DAMAGE, ARISING OUT OF OR RELATED TO THE USE OF, INTERACTION WITH OR OTHER ACCESS TO THE SERVICES, THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR SITE CONTENT. THIS PROVISION SHALL SURVIVE DESPITE A FINDING OF A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY CONTAINED HEREIN.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ALSO AGREE AND ACKNOWLEDGE THAT XP LAND AND THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF, INTERACTION WITH OR OTHER ACCESS TO THE SERVICES, ANY CONTENT OR MATERIALS CONTAINED THEREON, OR OTHER ITEMS OBTAINED THROUGH THE SERVICES, OR ON ANY WEBSITE, PLATFORM, PORTAL OR FUNCTION LINKED TO THE SERVICES.
11. Choice of Law and Venue
You agree that these Terms, for all purposes, shall be governed and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of laws. Any action based on, relating to, arising out of or alleging a breach of these Terms must be brought in a state or federal court in New York City, New York and the parties hereby irrevocably and unconditionally submit to the exclusive personal jurisdiction and venue of such courts over such claims.
12. Entire Agreement
These Terms constitute the entire agreement between the parties hereto. Unless otherwise specified herein, the Terms and any of our other terms and conditions govern your use of, interactions with or other access to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and XP LAND with respect to your use of, interactions with or access to the Services.
13. No Waiver
No waiver of a right under these Terms will be effective unless is it in writing. No single waiver of a right shall be deemed a further or continuing waiver of such or any other provision. In addition, a delay or failure to assert any right under these Terms, or to partially assert that right, or a single exercise of that right, shall not in itself constitute a waiver of that right as provided in these Terms.
If any part of these Terms is held invalid or unenforceable for any reason by any court of competent jurisdiction, it shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties. The invalidity or unenforceability of any part or provision of these Terms will not affect the validity of the rest of the Terms, which will shall remain in full force and effect.
15. Contacting XP LAND
If you have any questions about these Terms, please contact us at firstname.lastname@example.org or write to us at:
XP Land, c/o Liberty Loves Company LLC
1 Liberty Plaza
New York, NY 10006