Terms and Conditions

Terms of Use Agreement for Xtabia.com

Last revised on July 19, 2015

 

Welcome to Xtabia.com, an online adult Dating Services platform for Non-Sexual Companions and Dating Service providers, operated by Vit-Way Media (Registration number 250630316) (the “Company”).

By accessing the Xtabia.com (the “Website“) you agree to be bound by these Terms of Use (this “Agreement“), whether or not you register as a member of Xtabia.com. If you wish to become a member and make use of the Xtabia.com service (the “Service“), please read these Terms of Use. The term “Website” is deemed to refer to using of the Service by means of a computer, a mobile device or a mobile application (once latter become available).

 

We encourage you to read the Xtabia.com Privacy Policy, which is incorporated by reference into this Agreement and available on the Website. If you do not accept and agree to be bound by all of the terms of this Agreement, including the Xtabia.com Privacy Policy, do not use the Website or the Service. Please contact us with any questions regarding this Agreement.

 

Acceptance of Terms of Use Agreement.

 

  1. This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Xtabia.com website and to become a “Member.” For purposes of this Agreement, the term “Member” means a person who provides information to the Company on the Website or to participate in the Service in any manner, whether such person uses the Service as a free member or a subscriber.
  2. By accessing the Website, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. Please print a copy of this Agreement for your records. This Agreement may be modified from time to time. Such modifications will be effective upon posting on the Website.
  3. By using the Xtabia.com and its Services, you consent to receive this Agreement in electronic form by using the Service. To withdraw this consent, you must cease using the Service and terminate your Xtabia.com account.

YOU CANNOT USE THIS SITE OR OUR SERVICE IF YOU ARE NOT AT LEAST 18 YEARS OF AGE AND THE AGE OF MAJORITY AND LEGAL CONSENT IN THE JURISDICTION IN WHICH YOU LIVE OR RESIDE AND HAVE THE LEGAL CAPACITY TO ENTER INTO THESE TERMS. YOU ALSO MAY NOT USE THIS SITE OR OUR SERVICE IF YOU HAVE EVER BEEN CONVICTED OF A SEXUAL OFFENSE, ARE REQUIRED TO REGISTER AS A SEX OFFENDER WITH ANY GOVERNMENTAL ENTITY OR AGENCY OR ARE CURRENTLY UNDER INDICTMENT FOR SUCH AN OFFENSE OF A SEXUAL NATURE.

Eligibility. You must be at least 18 years of age to access and use the Service of Xtabia.com. By accessing and using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you become a Member, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. Using the Service may be prohibited or restricted in certain countries. If you use the Service from outside of Canada or United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Website or Service.

You agree that we shall not be responsible or liable for any misrepresentations regarding a user’s or member’s age or for the unauthorized use of this Site or our Service by a minor.

WE DO NOT TOLERATE ANY UPLOADING OF PICTURES OR OTHER DEPICTIONS OF ANYONE UNDER THE AGE OF 18.

Membership. 
You may register as a Member or Companion at no cost. As a Member/Companion, you may use some, but not all, of the features and services available on the Website. To use additional features, such as having Premium status or Featured position placement, you must become a paying member.

No cost Companion’s profile may remain posted on the Website even if that Member is not actively using the Service. You acknowledge that although a no cost Companion’s profile may be viewed, it may not appear on the first pages of the website or your city pages, and may not be easily retrievable.

 

Term and Termination.

  1. This Agreement will remain in full force and effect while you use the Service and/or are a Member of the Xtabia.com.
  2. You may change or cancel your membership at any time, for any reason, by following the instructions on the “Edit Profile” on your “Account Settings” page. If you cancel your membership or wish to cancel your Premium Status upgrade, in no event will you be eligible for a refund of any portion of the Premium Status fees paid for the then-current upgrade commitment.
  3. Deleting a profile does not automatically cancel your membership. If you wish to cancel your membership, you can do so by login into your account and choosing “Delete Account” option. If you delete your account, your profile will be removed, and other Members will not be able to view your profile.
  4. The Company may terminate or suspend your Profile and/or account at any time without notice if the Company believes that you have breached this Agreement. Upon such termination or suspension, you will not be entitled to any refund. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
  5. After your membership or account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

Non-commercial Use by Members.
 The Xtabia.com website is for your personal use only. Members may not use the Website in connection with any commercial activities, such as (i) advertising or soliciting any user to buy or sell any products or services not offered by the Company or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Users of the Website may not use any information obtained from the Website to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses are not allowed to use the Website for any purpose. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Website, including collecting usernames, email addresses or telephone numbers of members by electronic or any other means for the purpose of sending unsolicited email and unauthorized linking to the Website.

 

Account Security. You acknowledge that You are solely responsible for maintaining the confidentiality of the username and password you choose during the registration process. In addition, You are solely responsible for all activities that occur under your username and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security, and ensure that you log out from your account at the end of each session.

 

Your Interactions with Other Users of this Website.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH USERS OF THIS WEBSITE, INCLUDING THE CONTENT OF THE MATERIALS YOU POST ON THE SITE AND IN YOUR MESSAGES TO OTHER USERS OF THIS SITE. YOU UNDERSTAND THAT THE COMPANY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ANY WEBSITE USERS OR WEBSITE MEMBERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF THE WEBSITE USERS OR MEMBERS, OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE RECORDS.

  1. The Company is not responsible for the conduct of any Member or website User. In no event shall the Company be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website or Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members or other persons you meet through the use of this website. You agree to take all necessary precautions in all interactions with other Members or users, particularly if you decide to communicate off the Website or meet in person, or if you decide to send money to another Member. Xtabia.com makes no guarantees, regarding your compatibility with any individuals you meet via using this website. We strongly discourage you from providing any type of your financial information (for example, your credit card or bank account information) to any person, member or users of this website. In no event shall the company be liable for any losses or damages arising from sharing of any personal or financial information between the users of this website. There is no substitute for acting with caution when communicating with any stranger that would like to meet you.

 

User Disputes.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF OUR SITE AND OUR SERVICE. We reserve the right, but have no obligation, to monitor disputes between you and other users. You agree to release us, our parents, subsidiaries and affiliated entities and ours and their shareholders, officers, directors, employees and agents, successors and assigns from all claims, demands, damages, losses, liabilities of every kind, know and unknown, direct and contingent, disclosed and undisclosed, arising out of or in any way related to such disputes.

Proprietary Rights. 
 Xtabia.com owns and hereby retains all proprietary rights in the website, including but not limited to, all Confidential Information. Xtabia.com also retains all proprietary rights in the website, in all content, trademarks and trade names and other intellectual property rights related thereto. You agree to not reproduce in any way, modify, transmit or recreated any copyrighted material or information obtainable through the website, without written consent of the company.

Information Posted by You on the Website.

You are solely responsible for the information that you post, upload, publish, display or otherwise make available to any users of this website, including emails, photographs, recordings or profile text, whether publicly posted or privately transmitted. You may not post on this Website or transmit to anyone (either on or off the Website), any offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, racially offensive, or illegal material. Also, you may not post any material that violates or infringes another person or company’s rights (including intellectual property rights, and rights of privacy). You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.

You understand and acknowledge that we monitor and review (although not obligated to) any information and content that is posted on this website. We reserve the right to delete any Content, in whole or in part, that violates this Agreement or may harm the reputation of the Website, at our sole discretion.

 

By posting Content on the Website, you automatically grant the Company the right to use, copy, store, display, reproduce, modify and distribute the Content on this website or other media platforms at our own discretion.

 

You are solely responsible for any content that you submit, post or transmit via our Service. You agree NOT to post, upload, submit or display any of the following:

  • Information or images that promote racism, hatred, bigotry or physical harm of any kind against anybody;
  • Information or images that promote harassment or intimidation of another person;
  • Information that is false or misleading;
  • Information that promotes illegal activities or conducts;
  • Solicitation directly or in “coded” fashion for any illegal services, including exchanging sexual favors for money or other valuable consideration;
  • Advertisements or offers that contain or implied to contain any sexual services or sexual favors;
  • Any material that in any way constitutes or assists in human trafficking;
  • Any material on the Website that exploits minors in any way;
  • Any material, images, photographs or graphics that are obscene, lewd or lascivious;
  • Any material, images, photographs or graphics that depict naked images of human body (i.e. breasts and genitalia), or anything that depicts actual or simulated sexual acts;
  • Unauthorized copy of another person’s copyrighted material or images;
  • Stolen content or images (content or images that belong to other people, and used without their permission);
  • Images of another person without his or her permission;
  • Impersonation of anybody;
  • information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
  • Material containing viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
  • Any information that publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;

 

The Company reserves the right to remove the offending communications from the Website, terminate the membership, and in its sole discretion, to investigate and take appropriate legal action against anyone who violates these provisions.

Your use of this Website, including all Information and Content you post on this Website, must comply with all applicable laws and regulations in your jurisdiction. You agree that the Company 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 actions will protect the rights, property or personal safety of the Company or any other person.

You have a choice to display or not to display your telephone number in the area of your Profile. If you choose to display your telephone number, you understand and acknowledge that it will be publicly available to all users of this website. Also, You agree that any Content you place on the Website may be viewed by any person visiting the Website.

Customer Service.
 Our Company provides assistance and guidance to all site Members. Our customer service representatives are available to answer questions you may have about your Service. When communicating with our representatives, you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. If we feel that your behavior is threatening or offensive, we will terminate your membership immediately.  

 

Payments.

Your free account with Xtabia.com will continue indefinitely until cancelled by you. If you wish to upgrade your account to “Premium Status” you may do so at any time. Premium Status is active for 30 days, once your payment is received and processed. If you wish to extend your Premium Status beyond 30 days, you will have to submit the payment again. Payments are non-recurring, and your credit card will never be charged without your authorization. For any upgrades or extra services, you will have to make a payment separately, since we do not store your credit card information, hence cannot charge your credit card automatically. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, the Company may in its discretion terminate your account immediately.

 

Refund Policy.

 

YOU AGREE THAT ALL PURCHASES ARE NON-REFUNDABLE.

However, if you encounter some unforeseen circumstances, you should contact us immediately. Each refund request is considered on individual basis and decisions are made accordingly. The refund request can only be made within the first 7 days, after payment is received. After that 7-day period, no refund requests will be accepted. You understand and acknowledge that no refund can ever be issued after the “Premium Status” period has expired for which the payment was made.

You may terminate your account on Xtabia.com at any time by sending us written or email notice of termination. You will not be entitled to any refund upon your termination of your access to our Service for any reason whatsoever.

 

Modifications to Website. 
 The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Website with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Website, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website.

 

Copyright Policy and Claims of Copyright Infringement. 
You may not post or upload any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such materials. If you believe that your work has been copied and posted on the Website without your consent or in any way constitutes copyright infringement, please contact us immediately and provide the following information:

  • Your name, telephone number and your e-mail address;
  • URL where the copyright infringed material is located;
  • proof that you are a rightful owner of the copyright infringed material;

 

Communications. 
When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers. Please see the Company’s Privacy Policy for more information regarding these communications. You may opt out of receiving these notifications from us by going to the “Contact Form” section of our Site.

 

Xtabia Dating Service – For Your Entertainment

Our Site and our Service gives users the opportunity to explore their fantasies and to interact with others in the Site. However, there is no guarantee you will find a date or companion on our Site or using our Service. You agree that our Site and our Services are geared to provide you with amusement and entertainment only.

 

 

DISCLAIMER OF WARRANTIES

YOU AGREE THAT:

  1. IF YOU USE OUR SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
  2. WE DO NOT WARRANT THAT (A) OUR SERVICE WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OR RELIABILITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICE WILL MEET YOUR EXPECTATIONS; (E) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED TO THIRD PARTIES; (F) ANY PROFILE ON OUR SITE IS ACCURATE, UP TO DATE OR AUTHENTIC; (G) ANY MATERIAL OR FILES THAT YOU CAN DOWNLOAD FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY HAVE DAMAGING AFFECTS ON YOUR OR ANY OTHER PERSON’S COMPUTERS OR OTHER EQUIPMENT; (H) THIRD PARTIES WILL NOT USE OF YOUR CONFIDENTIAL INFORMATION IN AN UNAUTHORIZED MANNER; OR (I) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL/CHAT OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH OUR SITE AND/OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF OUR SITE OR THE SERVICE, ANY CONTENT POSTED ON OUR SITE OR TRANSMITTED TO USERS, ANY PRODUCTS OR SERVICE PROVIDED BY THIRD PARTIES OR ANY CONDUCT OR INTERACTIONS BETWEEN USERS OF OUR SITE, WHETHER ONLINE OR OFFLINE.
  3. IF YOU ACCESS TO OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS. WE ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OUR SITE OR IN CONNECTION WITH THE SERVICE, WHETHER CAUSED BY USERS OF OUR SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SITE OR THE SERVICE. WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS.
  4. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

If you have any questions or concerns about these Terms or our Privacy Policy you may contact a representative of our company by using the Contact Form or by e-mail: admin@xtabia.com or contact us by mail.