Acceptance
These Terms of Use (“Terms”) contain the legal terms and conditions that govern your access and use of the websites and domains owned by Kochava Labs SEZC (“Kochava”), including without limitation https://www.xchng.io (the “Site”). By using a Site, you agree to be bound by the Terms. If you do not agree to the Terms, do not access or use the Sites.
Privacy
Kochava values your privacy. The Kochava Privacy Policy, located at https://www.xchng.io/privacy-policy/, explains what information is collected from you in connection with your use of the Sites and how Kochava uses and protects it. By accessing or using a Site, you agree to the terms of the Kochava Privacy Policy.
Access & Use
Subject to your compliance with these Terms, Kochava permits you to access and use the Sites for your personal use. By accessing or using the Site, you are agreeing to not use it for any unlawful purpose, in any way prohibited by the Terms, or in a manner that interferes with the operation of the Site.
Content Ownership & IP
Kochava owns or licenses all of the content, as well as the design and arrangement thereof, on the Site, including without limitation the text, images, media, and videos. All content on the Site is protected by United States and international copyright and intellectual property law. You are prohibited from copying, reproducing, modifying, displaying, creating derivatives works of, licensing, or distributing in any way whatsoever any content from the Site without prior written consent from Kochava.
Third-Party Websites & Links
The Site may include links to content or websites owned by a third-parties. Kochava does not own or control such third-party content or websites. Third-party websites are governed by their own privacy policies and terms of use. Kochava is not responsible for the content on such websites, nor for any actions such websites take with respect to your use thereof. You agree that you assume all risk when accessing or using any third-party website and release Kochava from any and all liability resulting from such access or use.
Modification
Kochava may modify these Terms or the Site in its sole discretion and without notice. Kochava is not liable to you or any third party for any modification, suspension, or discontinuance of any of its Site.
Disputes & Indemnification
You hereby agree to indemnify and hold Kochava and its officers, directors, affiliates, employees, agents, successors, and assigns (“Kochava Affiliates”) harmless from and against any and all claims, losses, expenses, and costs (including attorney’s fees) arising from of or relating to your use of the Site (“Claim”). You may not assign any Claim you may have against Kochava or Kochava Affiliates regarding the Site. If you have a dispute with a third-party relating to Kochava, then you hereby agree to release Kochava and Kochava Affiliates from any and all liability arising from or relating to that dispute. You must bring all claims, causes of action, and disputes arising from or relating to the Terms within one year of the occurrence or else the claim, cause of action, or dispute is forever barred, unless otherwise required by law. The laws of the Cayman Islands apply to these Terms and your use of the Site. You agree to the exclusive jurisdiction of the courts located in the Cayman Islands.
Disclaimer
Kochava provides the Site “as is,” without any representation or warranty of any kind. Kochava disclaims to the maximum extent permitted by law all representations and warranties pertaining to the Site. Without limiting the generality of the statement above, Kochava disclaims to the maximum extent permitted by law any and all (i) warranties of merchantability or fitness for a particular purpose; (ii) warranties against infringement of any third-party intellectual property or proprietary rights; (iii) warranties relating to the transmission or delivery of the Site; (iv) warranties relating to the accuracy, reliability, correctness, or completeness of data made available on the Site; and (v) warranties otherwise relating to performance, non-performance, or other acts or omissions by Kochava or any third party. Further, there is no warranty that the Site will meet your needs or requirements, or the needs or requirements of any other person. Kochava makes no warranties or representations, express or implied, (i) that the information provided through the Site will be free from error, omission, interruption, defect, or delay in operation, or from technical inaccuracies or typographical errors; (ii) that the Site will be available at any particular time or location; (iii) that defects or errors in the services will be corrected; or (iv) that the Site is free of viruses or other harmful components.
Limitation of Liability
To the maximum extent permitted by law, Kochava is not liable for any damage arising out of or relating to your access, use, misuse, or inability to use the Site or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure. Kochava will not be liable for any special or consequential damages, including lost profits, even if Kochava has been advised of the possibility of those damages. Aggregate liability to you in connection with any claim arising out of or relating to the Sites will be limited to $100. If a law restricts the ability of Kochava to limit liability, the limitations listed above may not apply to you. In that case, Kochava limits its liability to the greatest extent permitted by applicable law.
General
The failure of Kochava to exercise or enforce any right or provision of these Terms does not operate as a waiver of the right or provision. The headings used in these Terms are included for convenience only and do not limit or otherwise affect these Terms. If any provision, or portion thereof, of the Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, then that provision, or portion thereof, will be severed and the remaining provisions remain enforceable. Any assignment of a right granted to you under these Terms is void.
Updated April 30, 2018
