Terms of Service

Welcome to XS.TO

The XS.TO website (“XS.TO”) is operated by Sysmesh Ltd, which maintains this site (“Site”) for your personal use, entertainment and fun. By browsing and using this website and its related services, you are subject to the terms and conditions (“Terms and Conditions”) of this Site. By accessing our website and/or using our services, you herby accept and agree, without limitation or qualification, the following Terms and Conditions agreement. If you do NOT wish to accept or agree with the Terms and Conditions, then please discontinue your use of this website and/or related services. Use of this Website

XS.TO reserves the right, in its sole discretion, to amend the Terms and Conditions, and to modify, add or discontinue any aspect, content, or feature of the website. Such amendments, modifications, additions, deletions shall become effective upon notice thereof, which may be provided to you by posting on the website, updating the Term and Conditions, notifying via e-mail or any other means. Continued use of the Site by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions. Website users are not allowed to modify, copy, reproduce, republish, upload, post, transmit, publicly display, resell, prepare derivative works based on, or distribute in any way any material from the website and/or its related services, including but not limited to messages, text, audio, video, code, images and software. The user may download material displayed on the website for non-commercial, personal use only as long as it is allowed by copyright laws and conditioned that the user also retains all copyright and other proprietary notices contained on the materials. XS.TO neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with XS.TO.

Registration

Should XS.TO choose to provide member-based services (“Services”) on the website, when you register to use these Services, you may be required to provide certain personally identifiable information about yourself. You agree to provide true, accurate and complete information about yourself, and to update the information when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if XS.TO suspects that your information is untrue, inaccurate, or incomplete, and then XS.TO may, in its sole discretion, suspend, terminate, or refuse future access to your membership in these Services. Any personally identifiable information provided at points of registration on the Site will be subject to the website Privacy Policy which can be read by clicking on the “Privacy Policy” link at the bottom of each page on this website.

Disclaimer of Warranties

While XS.TO , its operators, managers and owners uses reasonable efforts to include up to date information in the website, XS.TO makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise. The website may provide links and pointers to internet sites maintained by third parties (“Third Party websites”) and may from time to time provide third party materials on the website or its related services. Neither XS.TO, its owners, operators, affiliates, or suppliers operate or control in any respect the information, products or services on these Third Party websites. The content, materials, products or services available in or accessible through the website are AS IS and, to the fullest extent permissible pursuant to applicable law,

XS.TO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. XS.TO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SITE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

YOUR USE OF, AND BROWSING IN, THIS WEBSITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SITE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY. IN NO EVENT SHALL XS.TO, ITS PARENT OR SUBSIDIARY COMPANIES OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, XS.TO’S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF XS.TO OR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT XS.TO, ITS PARENT OR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE.

Additional Restrictions

As a user of xs.to you agree that xs.to is not liable for any losses resulting from the use of this service.

As a user of xs.to you agree to not involve xs.to in any type of legal action and not to use it for any illegal activity including but not limited to: warez, porn, fraud, virus, art theft and all other illegal activities.

By using our site and/or service you (the User) authorize xs.to to share data related to uploaded files with law enforcement entities in case of illegal activities if and whenever required to do so.
Full legal responsibility of the contents of uploaded files is directed to the individual users.

We reserve the right to modify our Terms of Service at any time and without prior notice to our users.

Upload of the following stuff is strictly prohibited:

  • copyrighted or illegal files
  • porn/nudity
  • cd/dvd/… covers
  • images of banknotes
  • tagged or watermarked images
  • maps of any sort (yes, this includes google earth, etc)
  • images depicting extreme violence (‘gruesome’ stuff, etc)
  • images that are used for product advertisements (banner ads)

We will take appropriate action if you are abusing our service.

You are allowed to hotlink images except from

  • hotlinking images on large-scale, non-forum or non-auction websites
  • hotlinking images on “link-farm” websites or websites containing pornographic material

We may delete images

  • that don’t receive any hits for a period of three months

Individual users may have a maximum of 500 pics stored (we enforce this, don’t try to evade the limit).

We reserve the right to

  • delete files that compromise the security of our servers, use excess bandwith or are otherwise malignant.
  • ban users from our service, that upload files that compromise the security of our servers, use excess bandwith or are otherwise malignant.
  • ban complete domains, if users on them abuse our service. All pictures hotlinked on these domains will show this picture.

URLs including the words “topsites” “toplist” “scientology” and “porn” will be banned automatically.

All uploaded files are to their respective owners.

Indemnification

You agree to indemnify, defend and hold XS.TO and its owners, operators, affiliates, and their respective officers, directors, owners, employees, agents, information providers and licensors (collectively the “Indemnified Parties”) harmless from and against any and all claims, liability, losses, actions, suits, costs and expenses (including attorneys’ fees) arising out of or incurred by any breach by you of these Terms and Conditions. XS.TO reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with XS.TO’s defense of such claim.

Termination

XS.TO may, in its sole discretion, terminate your password, account (or any part thereof) or your access to the Site, or remove and discard any Communication transmitted by you, or information stored, sent, or received via the Site without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Site with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Site, (iii) any other access or use of the Site except as expressly provided in this Agreement, (iv) any violation of the terms and conditions of this Agreement or the rules and regulations relating to the use of, the software and/or data files contained in, or accessed through, the Site, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Site, or (vi) failure to use the Site or portion thereof on a regular basis. You may terminate your membership hereunder upon thirty (30) days written notice by you to XS.TO of your intent to terminate this Agreement. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which XS.TO may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to XS.TO and its licensors.

Submitted data, feedbacks, media and information

Our website is based on user contributed information, articles and data. By submitting information on our site you hereby declare that you have full rights to it. Users are fully responsible for all data, media, information and all other items submitted to the site.

IN NO CASE SHALL XS.TO, ITS OWNERS, OPERATORS OR AFFILATES SHALL BE HELD RESPONSIBLE FOR ANY INFORMATION, DATA, MEDIA OR SUBMISSION WHICH WAS SUBMITTED BY A USER. BY USING OUR SITE AND SERVICES THE USER HEREBY DECLARES THAT THEY ASSUME FULL AND SOLE RESPONSIBILITY FOR ALL DATA, INFORMATION, MEDIA AND OTHER ITEMS THEY SUBMIT AND/OR POST ON OUR SITE AND SERVICES.

Forums / Comments / Talkbacks / Chat /Feedbacks

The Site may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or others (“Post” or “Postings”). Postings do not reflect the views of XS.TO; and XS.TO does not have any obligation to monitor, edit, or review any Postings on the Site. XS.TO assumes NO responsibility or liability arising from the content of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on the Site. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. XS.TO will fully cooperate with any law enforcement authorities or court order requesting or directing Universal to disclose the identity of anyone posting any such information or materials. Feedbacks submitted on our site/services are done on the users sole responsibility.

WE DO NOT CHECK OR CONFIRM USER FEEDBACKS AND THE BY USING OUR SITE YOU HERBY ACKNOWLEGDE THAT IN NO CASE SHALL XS.TO BE HELD RESPONSIBLE OR LIABLE FOR ANY FEEDBACK FOUND ON OUR SITE.

Merchants, Internal deals and trades

Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the Site, 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 merchant. XS.TO will NOT be responsible or liable for any loss and/ or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the website or any of its related services.

Children Online Protection Act Notification

XS.TO hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Some of the information on this site might be rated for adults only. By using our site you are declaring that you are in legal adult age and are allowed by your country’s laws to access adult rated information and materials. In no case shall XS.TO and its owners, operators, affiliates, and their respective officers, directors, owners, employees, agents, information providers and licensors be held liable for any miss use or minor access to our information and website. If you are under legal age for viewing adult rated materials we request that you will NOT use our website and/or services. If you are a parent and your child is under aged and has violated our Terms and Conditions and did register and/or use our site and services ? please contact us with their full details using the contact us form on the site and we will revoke the child account and ban access.

XS.TO ASSUMES NO RESPONSIBILITY FOR UNDER AGED USERS WHICH DISSREGARD OUR TERMS AND CONDITIONS. IT IS YOUR SOLE RESPONSIBILTY TO ENSURE YOU ARE IN LEGAL AGE ALLOWED TO VIEW ADULT RATED MATERIALS.

Infringement Policy, Copyrights, Trademarks and DCMA

XS.TO, pursuant to the Digital Millennium Copyright Act (“the Act” or “DMCA”), reserves the right, but not the obligation, to terminate your license to use the website if it determines in its sole and absolute discretion that you are involved in infringing activity, including allege acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. XS.TO accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512 (c), XS.TO has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act.

In addition to the mail above you may use the contact us form on this site to submit any DCMA requests and the “report this thread” options on our forums and boards (where available).

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:

A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.

B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.

C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/ or e-mail address.

E. A statement that you have a good faith belief that use of the material, in the manner complained, of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

Governance

This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Israel, as it is applied to agreements entered into and to be performed entirely with such state. Any action you, any third party or XS.TO bring to enforce this agreement or, in connection with, any matters related to this Site shall be brought only in either the state or other courts located in the County of Israel and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

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