TERMS OF USE:
XISX.NET AND AGONYMOUS APPLICATION

This document comprises the Terms of Use Agreement, hereinafter referred to as the “Agreement”, and constitutes a legally binding Agreement between you, (“You”) the visitor or member of our site, hereinafter referred to as the “site”, and Exertion LTD, (“Exertion” or “US/WE”) a limited liability company duly formed in the United Kingdom that serves as the owner and operator of this site and the Agonymous application.

As a condition precedent to you being able to use any of the tools, functions and services provided to you by this site, including the Agonymous application and another applications or tools that we provide for public or private usage, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement. Should you access any component of this site, or use any tools, functions or services that this site offers, register as a member, or view any text or graphics, such activities on your part means expressly that you have read this Agreement and agree to be bound by the terms and conditions contained herein. Should you not agree to be bound by each and every term and condition contained in this Agreement you must leave this Site at once and you may not use the Agonymous application or any other tool or service that we provide.


General Rules  

Regarding the Agonymous Application.

• Agonymous (“the Application”) is an “Agony Aunt” type of advice column application for Facebook allowing users to submit their “agony” (that is, personal issues that are troubling them) and receive advice back from their friends, other people in their network and or the general public. Users are encouraged to offer advice to other people and in doing so can win various awards and achieve character development based on the type of advice they give. This application may not be used to harm any third party or entity (“third parties), by doing any of the following, embarrassing, defaming, revealing personal or confidential information, violate the rights of privacy or publicity, violate intellectual property laws and restrictions, nor violate any civil, criminal or regulatory law of any jurisdiction. You may not use the application to harass any third party, publish or distribute obscenity or indecent material, hateful or intolerant comments or material, or to violate the laws of any jurisdiction. Your comments as published via the Application may not be objectionable to our user community as a whole. We reserve the right to ban any user for any reason we deem in our sole discretion to be appropriate.
  
• You may not falsely represent yourself as another person or as a representative of a business or entity that you do not actually represent. Your comments or “story” must be factual and true, and you may not publish fictional representations of your personal problems via the Application.
  
• You may not falsely represent your professional or business credentials or professional background or your identity itself. Users who claim a false identity are subject to potential criminal liability as well as civil liability.

IN THE EVENT that any action you take while using our Application should result in any civil or criminal action whereby we are a party, or a potential or threatened party, you agree to HOLD US HARMLESS and to indemnify us, including Exertion LTD, it's officers, owners, employees, contractors, investors, partners, contractors and affiliates, regarding all costs, fees, judgments, damages, losses and reasonable attorney's fees.

You must be of adult age in your jurisdiction to use this site and the Application. In any event, no user may be under the age of 18 years of age. Parents or guardians of minors may enroll as a member on behalf of their minor children/wards but are solely responsible for the direct supervision of their children/wards while their minors visit the site or use any of the tools or services that the site provides, including the Application.

We may post rules, guidelines or policies. Upon the posting of such materials, they immediately become incorporated by reference into this Agreement as if fully set forth herein.

We have published a privacy policy. The privacy policy is hereby incorporated by reference into this Agreement as if fully set forth herein.

Disclaimer of Warranty  

We issue no warranty whatsoever and do not make any representations or warranties regarding the availability, suitability, reliability, merchantability, non-infringement, capability, usefulness or fitness for any general or particular purpose of the Site or the Application, or the tools, products or services herein supplied or sold or regarding the characteristics of services provided by or through the site, or regarding the timeliness, accuracy or usefulness of information, tools, services or applications obtained from or through the site. The site and all content, including applications, are contained, distributed, sold or published via the site is provided to you "As Is, Where Is", without any warranty of any kind, express or implied.


Intellectual Property Provisions

All content provided within or via this site or within the Application is protected by various US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, or broadcast in any way without the written permission of the content owner. The content of this Site may not be “framed” or “mirrored”. All trademarks presented on or via this Site are owned by their respective owners and may not be used by you in any way. Should you use our Application, your written text or other communications (“content”) immediately becomes the sole intellectual property of Exertion LTD and may be used by us for any purpose whatsoever without payment or license to you, including publication and distribution for sale or promotional purposes. We will never reveal your identity or other personal information and you will not receive a credit as an author or writer for such intellectual property. We may also use your communications of any nature via our Application for any marketing purpose that we deem fit in our sole discretion, without payment, license or credit to you as creator of the same. If the event that any law or defect in this Agreement prohibits you from transferring your copyright ownership in your comments as published or distributed via our Application, you agree to provide us with an exclusive, permanent, irrevocable, royalty free license to use the your content in any way that we deem appropriate. The Application itself is protected by United Kingdom and United States copyright and other intellectual property laws. You may not decompile, reverse engineer, distribute, copy or license our Application without our written permission.  

Notification of claimed infringement  

If an infringement has occurred a copyright holder may send us a written notification of claimed infringement to our designated agent. This must include the following:

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

(ii) 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.

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

(iv) Information reasonably sufficient to permit the us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

NOTICE: We are not liable just because traffic passes through our networks, so long as such traffic is not stored on our system and is handled automatically by our system and we don't control or modify it. Essentially, we are not responsible for what flows through our networks. There is no “take down” procedure for such content.


Termination of Service

We reserve the right to terminate any and all service provided to you (either as a group or as an individual user or member) at any time without notice for any reason we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to you.

You agree that monetary damages may not adequately provide a remedy for us if you violate any of the terms and conditions of this Agreement and you agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate any element of this Agreement.


Automatic Viewing or Usage of this Site

You may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this site. You may not engage in denial of service attacks upon the servers that publish this Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site.


Links to Third Party Sites

We may provide links to third party sites; however, we are not responsible for the content of such sites or their terms of use or privacy policies. Please carefully review the terms of service and privacy policies of all such sites prior to usage. You assume the risk of any usage of such third party sites.


Submissions

All submissions (but not personal information) become the property of this Site. All submissions are non-confidential in nature. “Submissions” may be thought of as “letters to the editor” or “suggestions/ideas” type of email or letters that you might send us. We may publish all submissions in any manner that we deem to be appropriate, including in all forms of media and publication. You are solely responsible for the content of all submissions, including any violation of any law(s) contained within such submissions, copyright, privacy, fraud, and other laws and regulations. You agree to hold us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who determines that your submissions supports a legal cause of action.

Limitation of Liability

We are not responsible for any damages arising from your use of this Site, or any tools, functions or services that this Site provides to you, whether the cause of action be based on tort, breach of contract, or any other legal theory, including punitive, actual, indirect, incidental or consequential damages of any nature or due to any cause of any nature. You agree to hold us harmless from any loss or harm of any nature due to your usage of this Site or any tool, product or service that we provide to you, whether directly or indirectly.

Content Issues  

We are not responsible for any content provided to you by our Application users (“users”). We do not screen content provided by our users or any third parties or entities and you agree that we do not have any duty to do so prior to such being published on our site. We are not liable for any content that may be obscene, indecent, misleading, fraudulent, racist, intolerant, harmful or otherwise objectionable where such content has been displayed due the actions of one or more of our users or any third party or entity. We are not responsible for any content provided to our site by our users or third parties that may infringe on intellectual property rights, rights of privacy or publicity, or any rights of any nature in any jurisdiction. You agree to hold us harmless regarding any claims arising from your exposure, or the exposure of your family members, loved ones, or computers, to objectionable content and agree to waive any possible liability that we may have regarding content provided to us via members or third parties that violate any intellectual property rights or any other civil law.

You understand and agree that use of the Internet means that you are subject to the risk of receiving or viewing harmful offensive content and files. We do not promise that we will review and edit all content for safety, quality, accuracy, or decency that you encounter via our Site.

Jurisdiction

This Agreement, including all Disclaimers, will be governed by and construed in accordance with the internal laws of the United Kingdom, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section, all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in London, United Kingdom, before a arbitration service provider mutually agreed to by both parties. In the event that both (or all) parties cannot agree to a specific arbitration service provider within 30 days written request of any party, the Courts of London, United Kingdom, will have the power to appoint a specific arbitration service provider upon petition of any party. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. Any and all disputes regarding the content presented on this site or via the Application must be resolved through arbitration as set forth in this section.


Foreign Usage

We make no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction, especially if you are accessing this site from outside the United Kingdom.


General Information

This site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.

We may revise or modify any portion of this Agreement at any time without notice to you. You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this site or elsewhere. Any usage of this site or tools, functions or services that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.


Notice

Notices to you may be issued via electronic mail or by surface mail, at our sole selection.


Force Majeure

Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. We are not responsible for server downtime under any circumstances.
 

Intellectual Property Notices

You agree that you have been suitably noticed of any trademark, trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be “willful” in nature.

All product names, marks, logos, symbols, and company names are the property of their respective owners and subject to the protection of State, Federal and International laws and regulations.


Contacting Us

Please contact us by using our email enquiry form

Or by surface mail:

Exertion Ltd, 9 Summerland Gate, Belgrave Road, Exeter, Devon, EX1 2NP, England