Terms of Service - Users.

In effect at March 29, 2012.

All services provided by Xamance North America, Inc. may be used for lawful purposes only.
By using the Xambox Anywhere service and any Xambox Anywhere software (“Service”) of Xamance North America, Inc. (“Company”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
The user accesses the service via the Internet; it must then indicate his personal credentials (username and password) that characterize his account.
Violation of any of the terms below will result in the termination of your Account.
Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited.
This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute.
The subscriber agrees to indemnify and hold harmless Xamance North America, Inc. from any claims resulting from the use of service which damages the subscriber or any other party.

Company reserves the right to update and change the Terms of Service from time to time without notice.
Any new features that augment or enhance the current Service, including the release of new tools and resources, will be subject to the Terms of Service.
Continued use of the Service after any such changes will constitute your consent to such changes.
You can review the most current version of the Terms of Service at any time at: www.xambox.com.

Responsibility for Files/Limitation of Liability.

Xamance North America, Inc. shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Xamance North America, Inc. ' servers going off-line or being unavailable for any reason whatsoever.
Furthermore, Xamance North America, Inc. shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Xamance North America, Inc. ' servers. All damages shall be limited to the immediate termination of service.

You have sole responsibility for all User Documents that you store and/or share on Xambox Anywhere servers through use of the Service.
You acknowledge and agree that Xamance North America, Inc. will not be responsible for any failure of the Service to store or secure User Documents, for the deletion of User Documents stored on the Service, or for the corruption of or loss or any data, information or content contained in any User Documents.
You acknowledge that it is not the responsibility of Xamance North America, Inc. for penetrated accounts and for information obtained from the penetrated account by a third party.

Xamance North America, Inc. cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning.

 

OCR.

The user understands that the character recognition is based primarily on a statistical process and that recognition errors are inherent in this process. It is the responsibility of the user to organize the management of these errors, to control the process of recognizing and correcting errors. Xamance or its suppliers are not liable for any damage caused by errors resulting from the process of character recognition. In addition, the technical advice from Xamance offered to the User are for guidance only and in no case can lead to the liability of Xamance.
In any event, the total liability of Xamance cannot exceed the standard fee charged by Xamance under the right to use the Service.

 

Account Terms.

The Service provides the ability to store documents (“User Documents”) and access them on a variety of devices including computers and smart phones.
The Service stores User Documents on a server and allows users to access them from there a number of ways.
You acknowledge and agree that Company may establish general practices and policies concerning use of the Services, including, without limitation, the maximum size of one User Document, the maximum amount of time that User Documents will be kept by the Service, and the maximum amount of data transfer the user may incur using the Service.

You must be a person representing yourself or an organization. Accounts registered using automated methods are not permitted and will be terminated.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
You are responsible for maintaining the security of your account and password. Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all activity that occurs and User Documents that are stored and/or shared under your account.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
One person or legal entity may not maintain more than one free account.
The user agrees not to undertake any activity that interferes with or disrupts the Services or servers or networks connected to the Services.

 

Delivery and Installation of the Service and Associated Equipment.

In the case where the user has subscribed to an installation service, Xamance North America, Inc. or any person designated by Xamance North America, Inc. will proceed with the delivery and installation of equipment, and with the creation of all the user accounts agreed in the quote, within the agreed time period.
As such, the User will make every effort to allow clerks of Xamance North America, Inc. to install in the best conditions.
The transfer of risk to the User will take place upon delivery of equipment, but if the User rents or is landed the equipment, Xamance North America, Inc. will retain full ownership throughout the terms of Agreement.

 

Copyright, Content, and Content Ownership.

Contents and links to websites that promote any illegal activity or present content that may be damaging to Xamance North America’s, Inc.' servers, or any other server on the Internet, are prohibited. Examples of unacceptable content or links: pirated software, hacker programs or archives, Warez sites, etc.
You will store and share User Documents: (i) that you have the lawful right to use, copy, distribute, transmit, or display; and (ii) that do not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right).
We claim no intellectual property rights over User Documents. Your profile and any User Documents stored and/or shared remain yours. However, by sharing User Documents through the Service, you agree to allow others to view, edit, and/or share your User Documents.
Company has the right (but not the obligation) in its sole discretion to refuse or remove any User Documents that are shared via the Service.

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, XAMANCE NORTH AMERICA, INC. WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

 

Copyright Policy.

Xamance North America, Inc. respects the intellectual property of others, and we ask our users to do the same.
Content stored on Xambox Anywhere or shared through Xambox Anywhere by users may be protected by copyright and the intellectual property laws of the United States and/or other countries.
It is Xamance North America’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who infringe or repeatedly infringe the copyrights or other intellectual property rights of others.
In addition, the documentation accompanying the Service is licensed as a reference and for internal and non-commercial use only. The user is not allowed to rent or lease its access to the Service, or provide commercial hosting services with the Service.

 

Procedure for Reporting Copyright Infringements.

If you believe that content stored in and/or shared through the Xambox Anywhere service infringes a copyright, please send a notice of copyright infringement containing the following information to Xamance North America:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  • Identification of works or materials being infringed;
  • Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Xamance North America, Inc. is capable of finding and verifying its existence;
  • Contact information about the notifier including address, telephone number and, if available, email address;
  • A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law;
  • and A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.


By Mail
Xamance
132 Rue du Faubourg Saint-Denis
75010 Paris‎
France
By email
support@xamance.com

 

Server Abuse.

Any attempt to undermine or cause harm to a server or customer of Xamance North America, Inc. is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

 

General Conditions.

You use the Service at your own risk. The service is provided on an “as is” and “as available” basis.
You understand that Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Company.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the prior written permission of Company.
The user is not allowed to rent or lease its access to the Service, or provide commercial hosting services with the Service.
You understand that the technical processing and transmission of the Service, including your User Files, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Company) of other customers of the Service, we reserve the right to immediately disable your account until you can reduce your bandwidth consumption.

Company does not warrant that:

  • the service will meet your specific requirements
  • the service will be uninterrupted, timely, or error-free
  • any errors in the Service will be corrected.


You expressly understand and agree that Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Company has been advised of the possibility of such damages), resulting from:

  • the use or the inability to use the Service
  • the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service
  • unauthorized access to or alteration of your transmissions or data
  • statements or conduct of any third party on the Service
  • or any other matter relating to the Service.


The failure of Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Company and govern your use of the Service, superseding any prior agreements between you and Company (including, but not limited to, any prior versions of the Terms of Service).
The Service may automatically download and install updates to improve, enhance and further develop the Service.
Questions about the Terms of Service should be sent to support@xamance.com.

 

Payment, Refunds, Upgrading and Downgrading Terms.

A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, including United States (federal or state) taxes.
For any downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Company does not accept any liability for such loss.

 

Cancellation and Termination.

You are solely responsible for properly canceling your account. You may cancel your account by sending an email to support@xamance.com
All of your User Files will be deleted from the Service after cancellation. This information cannot be recovered once it has been deleted.
Xamance North America, Inc., in its sole discretion, has the right to suspend your account and refuse any and all current or future use of the Service, pending investigation, for any reason at any time. Such termination of the Service may result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all User File in your Account. Xamance North America, Inc. reserves the right to refuse service to anyone for any reason at any time.

 

Modifications to the Service and Prices.

Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to free programs and monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes on our web site (www.xambox.com) or the Service itself.
Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

 

Violations.

Violations of these Acceptable Use Policies should be referred to support@xamance.com . All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

 

Security.

Xamance infrastructure are installed in highly secure Data Centers, offering all the guarantees of security such as:

  • intrusion protection
  • fire protection
  • replication of data across multiple servers. Each server maintaining itself redundant copies of data (raid 5)
  • protected platform 24/24 and 7 / 7 by video surveillance
  • access limited to authorized personnel


The data stored on Xamance servers are protected by protection systems hardware and software (firewall, anti-virus, anti-spam ...) and encrypted communications (SSL 128 bits).
The User should promptly inform Xamance of any unauthorized use of his Account at serviceclient@xamance.com.

 

Privacy Policy.

What information do we collect?
We collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
Google, as a third party vendor, uses cookies to serve ads on your site. Google's use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet.
Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:

  • To personalize your experience (your information helps us to better respond to your individual needs)
  • To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
  • To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
  • To process transactions Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
  • To administer a contest, promotion, survey or other site feature
  • To send periodic emails The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.


Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.

Do we use cookies?
Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information
We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits, keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.
We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

 

Third party links.

Occasionally, at our discretion, we may include or offer third party products or services on our website.
These third party sites have separate and independent privacy policies.
We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

 

California Online Privacy Protection Act Compliance.

Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.

 

Childrens Online Privacy Protection Act Compliance.

We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age.
Our website, products and services are all directed to people who are at least 13 years old or older.

 

Terms and Conditions.

Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at www.xambox.com.

Your Consent
By using our site, you consent to our privacy policy.

Changes to our Privacy Policy
If we decide to change our privacy policy, we will post those changes on this page.

Contacting Us
If there are any questions regarding this privacy policy you may contact us using the information below.
www.xambox.com
Xamance
132 Rue du Faubourg Saint-Denis
75010 Paris‎
France
support@xamance.com