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”).
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.
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.
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:
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.
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.
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:
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: