Terms and conditions
 

PLEASE CAREFULLY READ THESE TERMS OF SERVICE FOR THIS WEBSITE (THE “WEBSITE”) AND THE ENCRYPTED COMMUNICATIONS SERVICE (THE “SERVICE”) PROVIDED BY X-VISIBLE. BY ACCESSING, USING OR SUBSCRIBING TO THIS WEBSITE OR THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT ACCESS, USE, OR SUBSCRIBE TO THIS WEBSITE OR THE SERVICE.

These Terms of Service (the “Agreement”) comprise the entire agreement between you and x-visible and supersedes any and all prior versions of this Agreement.

DEFINITIONS. Xvisible.net, the Website and the Service are owned and offered by Giant Technology Development ltd. Hong Kong entity (“X-VISIBLE,” “we”, “our”, or “us”).

1. DESCRIPTION OF SERVICE; MODIFICATIONS. The Service enables encrypted email communications, anonymous web-serfing, encrypted short messages, anonymous social network, audio/video conference, encrypted file storage, secure phone calls by VoIP. To provide the Service, X-VISIBLE uses encryption technology and software running on custom-designed and custom-built platforms controlled by X-VISIBLE. We promise to do our best to protect the confidentiality of all transmissions made using the Service and your information. Because your communications are encrypted, except for unencrypted e-mails stored by you on our servers, and we do not hold the keys, we cannot provide third parties your unencrypted communications. X-visible will not disclose information to any third parties even unless required by law or court ruling.

Unless stated otherwise, any new features that enhance or otherwise change the current Service shall be subject to this Agreement. X-VISIBLE reserves the right to modify the Service with or without notice to you. X-VISIBLE shall not be liable to you or any third party should X-VISIBLE exercise its right to modify the Service. You should always keep backups of your important digital messages and files in another secure location.

2. PRIVACY. X-visible‘s use of your personal data is governed by X-VISIBLE?s Privacy Policy, which is incorporated to this Agreement by reference. The Privacy Policy stipulates what personal data X-VISIBLE reserves the right to process, how the processing will be conducted including under what circumstances X-VISIBLE might be required to disclose your personal data to a third party.

3. SUBSCRIPTION. Subscribers have a limited, non-exclusive, terminable, and non-transferable right to use all services of the Service for the period of the subscription. The pricing and other specific subscription terms you have chosen are incorporated into this Agreement.

3. SUBSCRIPTION. Subscribers have a limited, non-exclusive, terminable, and non-transferable right to use all services of the Service for the period of the subscription. The pricing and other specific subscription terms you have chosen are incorporated into this Agreement.

3.1 PURCHASE. DalPay Retail is an authorised reseller of services provided by Giant Technology Development Limited. dalpay.is XVISIBLE +1877-8657746 may appear on your card statement.

Your card issuer may charge you an International Service Fee. This fee is controlled and charged by your bank or card issuer, not by Giant Technology Development Limited, DalPay or its banks. (Please refer to INTLServiceFee.com.)

You can terminate the subscription at any time with obvious reasons. Unless stated otherwise in the Agreement the effective date of such termination will be within ten (10) days from the date X-VISIBLE receives a written notice from you. Any refund of the subscription fee already paid will entirely be at X-VISIBLE?s discretion.

4. OWNERSHIP OF TRANSMITTED MATERIAL. Any text, music, audio or other sound, video, software or other material protected by copyright is referred to as “Material” in this Agreement. You will retain any copyrights held by you in all Material that you transmit using the Service. X-VISIBLE does not assert and hereby disclaims any ownership or other proprietary interest in the Material or information transmitted using the Service.

5. RESPONSIBILITY FOR MATERIAL. You acknowledge and agree that X-VISIBLE does not assume responsibility or liability for any Material or any information transmitted or received by you using the Service, including any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby. You agree that you must evaluate and bear all risks associated with using the Service. You understand that all Material and information privately transmitted using the Service are the sole responsibility of the person or entity that originated it. X-VISIBLE does not control in any way the Material and information transmitted using the Service and, as such, does not guarantee the accuracy, integrity, quality or other suitability thereof. In this regard it shall be noted that when encrypted, X-VISIBLE does not have any means to know the content of the messages you send.

6. USER CONDUCT. You agree to not use the Service to transmit any Material or information or use the Service in any way that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another‘s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harms minors in any way; (c) impersonates any person or entity, including, but not limited to, an X-VISIBLE official, or falsely states or otherwise misrepresents your affiliation with a person or entity; (d) conflicts with any law or contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights; (f) transmits or uses in any way software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (g) intentionally or unintentionally violates any applicable local law,; and (h) interferes with or disrupts the Service or servers or networks connected to the Service, or conflicts with any requirements, procedures, policies or regulations of networks connected to the Service.

7. INDEMNITY. You agree to indemnify and hold harmless X-VISIBLE, and its subsidiaries, affiliates, officers, directors, agents, and employees, from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your use of the Service, your violation of this Agreement, or your violation of any rights of third parties, including claims in relation to use of the Material.

8. NO RESALE OF SERVICE. Except as authorized by X-VISIBLE’s affiliate program, you agree not to reproduce, duplicate, copy, sell, or resell any portion of the Service or the software related to the Service, use of the Service, or access to the Service.

9. ACCOUNT, PASSWORD, AND SECURITY. You will obtain an account name, password and, if you chose so and in accordance with X-VISIBLE?s tariff, a passphrase for the Service (your “Account Information”). Your account name and password are stored on X-VISIBLE’s system, your passphrase is not transmitted or otherwise available to X-VISIBLE. You are entirely responsible if you do not maintain the confidentiality of your Account Information. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password and passphrase at any time; you may also set up a new account and close an old one at your convenience. You agree to immediately notify X-VISIBLE of any unauthorized access to your Account Information or use of your account, or any other breach of security known to you.

10. TERMINATION. You agree that X-VISIBLE, in its sole discretion, may terminate your account and use of the Service, and remove and discard any Material or information within the Service, for any reason, including, if X-VISIBLE believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your use of the Service, by X-VISIBLE, under any provision of this Agreement may be effected without prior notice to you and you agree that X-VISIBLE may immediately deactivate or delete your account and bar any further access to the Service.

Further, X-VISIBLE may in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice to you.

Further, X-VISIBLE may in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice to you.

You agree that X-VISIBLE shall not be liable to you or any third-party for termination of your access to the Service or if X-VISIBLE discontinues providing the Service, except that X-VISIBLE will refund to you the pro rata portion of any prepaid subscription fees for the period following the effective date of the termination or discontinuance.

If your account and use of the Service is terminated as a result of your violation of the terms and conditions of the Agreement X-VISIBLE shall, however, not be bound to refund the prepaid subscription fee.

11. ADVERTISEMENTS AND PROMOTIONS. X-VISIBLE may display advertisements and promotions on the Website and the Service, as part of a member?s content being shown to you. By using the Service, you agree that X-VISIBLE has the right to display such advertisements and promotions. You also agree that you will not attempt to block or otherwise interfere by any means with advertisements displayed by X-VISIBLE. Doing so is grounds for immediate termination of the Service. The manner, mode and extent of advertising by X-VISIBLE is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that X-VISIBLE shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

12. X-VISIBLE PROPRIETARY RIGHTS. You acknowledge and agree that the Service and any X-VISIBLE software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that sponsor advertisements and information presented to you through the Service or such advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by X-VISIBLE or such advertisers, you agree not to reverse engineer, modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the related software, in whole or in part.

13. DISCLAIMER OF WARRANTIES. You expressly agree that use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law xvisible expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. X-VISIBLE makes no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error free; nor makes any warranty as to the results that may be obtained from the use of the service, as to the accuracy or reliability of any information obtained through the service, or that defects in the software will be corrected.

You understand and agree that any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material. X-VISIBLE also makes no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through the service.

No advice or information, whether oral or written, obtained by you from or through the service shall create any warranty not expressly made herein.

14. LIMITATION OF LIABILITY. To the fullest extent permitted by law X-VISIBLE shall not be liable for any direct, indirect, incidental, special or consequential damages, including the cost of procurement of substitute goods and services, resulting from (a) the use or the inability to use the service, (b) deletion of or other inability to access data, (c) any goods or services purchased or obtained or messages received or transactions entered into through the service, (d) unauthorized access to, alteration of or taking of any transmissions, account information, data, or X-VISIBLE’s systems, equipment and facilities, in all cases including but not limited to damages for loss of profits, use, account information, data or other intangibles, even if you have been advised of the possibility of such damages.

notwithstanding anything to the contrary contained herein, xvisible‘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 by you to xvisible for X-VISIBLE?s services during the time of the subscription.

15. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of this Agreement will cause such damage to X-VISIBLE as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that X-VISIBLE shall be entitled to immediate injunction, issued by the relevant district magistrate, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recovering from you any and all costs and expenses sustained or incurred by X-VISIBLE in obtaining such an injunction, including, without limitation, reasonable attorneys fees. You agree that no bond or other security shall be required in connection with such injunction.

16. LAWS. This Agreement shall be governed by and construed in accordance with the laws of country where our company, is incorporated.

17. DISPUTE RESOLUTION. You and X-VISIBLE each agree to use best efforts to amicably resolve any dispute relating to this Agreement. Any dispute that cannot be resolved that way will be settled by the Court.

18. YOU AND X-VISIBLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. You agree that, by entering into this Agreement, you and X-VISIBLE are each waiving the right to participate in a class action. This provision shall survive termination of this Agreement.

19. GENERAL INFORMATION. If any provision(s) of this Agreement are held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. X-VISIBLEs failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by X-VISIBLE in writing. You and X-VISIBLE agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

20. VIOLATIONS. Please report any violations of this Agreement to administrators at x-visible.net via the e-mail address support@gtd.hk

21. Software, hardware and compatibility requirements and restrictions. Service steady works on google chrome last built with good internet connection. No hardware restrictions.

22. Delivery and shipping condition. X-visible sends parcel within one business day after taking a payment. Shipping is totally free for users.

23. COPYRIGHT AND TRADEMARK. Website copyright notice: Copyright © 2013 X-VISIBLE All rights reserved.

This Website is the copyrighted property of X-VISIBLE and various third party providers.

X-VISIBLE, “Secure Your Privacy” and “Secure Your Freedom” are service marks of X-VISIBLE. Other product, service and company names used on this Website are registered and common law trademarks of their respective owners. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of such trademarks. Unauthorized use of this Website, the materials contained on this Website and/or the Service may violate applicable copyright, trademark or other intellectual property laws or other laws.

24. AMENDMENTS. X-VISIBLE may change the terms and conditions of this Agreement from time to time. Any major change shall be subjected to prior notice to you, 10 days before the change shall become effective. After that time any change in the terms and conditions of this Agreement will be incorporated in the Agreement posted at http://xvisible.net/Terms-and-Conditions.html. Your continued use of the Service constitutes your acceptance to abide and be bound by this Agreement and any modifications to this Agreement.

Should you decide that you cannot accept any major changes to the terms and conditions of this Agreement you can, within the said 10 days, terminate the Agreement with a written notice to X-VISIBLE. Such termination will be effective as of the date the changes to the terms and conditions become effective and X-VISIBLE will refund to you the pro rata portion of any prepaid subscription fees for the period following that date.

25. NOTICE OF INFRINGEMENT. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any Material, information or links on this Website, please write to X-VISIBLE at the address shown below, giving a written statement containing (i) identification of the copyrighted work or intellectual property right that you believe to be infringed, (ii) identification of the Material, information or links on this Website that you request be removed or blocked, (iii) your name, address, and daytime telephone number and e-mail address if available, (iv) if other than sender, the name, address and other relevant information about the owner of the right that you believe to be infringed, enabling X-VISIBLE to contact the owner (v) a statement that the information in your notice is accurate and that you are the owner, or authorized to act on behalf of the owner, of the right you believe to be infringed, and (vi) the signature of the sender. X-VISIBLE will remove any Material, information or links on this Website that infringe the copyright or other intellectual property right of any person under law upon receipt of such a statement. Statements of infringement under this section should be emailed to copyright@gtd.hk.