Welcome to www.x-pd.com (the “Website”). These terms of agreement (“Terms”) form a legally binding agreement between you and X-Performance Development Ltd (“X-PD”) relating to your use of the Website and it is important that you take the time to read them carefully. Using the Website indicates that you have read, understood, accept and agree to comply with the Terms (regardless of whether or not you choose to register with us). The Terms apply to all users of the Website, including users who use any service on the website, participate in any competitions and are contributors of video content, information and other materials or services to X-PD.
YOUR ATTENTION IN PARTICULAR IS DRAWN TO THE WARRANTY AND LIABILITY EXCLUSIONS IN THESE TERMS.
Accepting the Terms
You may not access and use the Website unless you accept and agree to the Terms. You understand and agree that X-PD will treat your use of the Website as acceptance of the Terms. If you do not accept the Terms, please leave the Website immediately. You may not use the Website and may not accept the Terms if (a) you are not of legal age to form a binding contract with X-PD, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Website under the laws of the country in which you are resident or from which you access or use the Website.
Changes to the Terms
X-PD may, at its discretion, make changes to the Terms from time to time. When these changes are made, X-PD will make a new copy of the Terms available here. You understand and agree that if you use the Website after the date on which the Terms have changed, X-PD will treat your use as acceptance of the updated Terms.
X-PD operates a zero-tolerance copyright policy in relation to any materials provided by you that are alleged to infringe the copyright of a third party. As part of X-PD’s copyright policy, X-PD will terminate user access to the Website if your use of the Website or any materials provided by you are suspected to or have been determined to infringe copyright.
Your User Submissions
Ownership of Content
All content on the Website including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features on the Website is either owned by or licensed to X-PD, and is subject to copyright, trade mark rights, and other intellectual property rights of X-PD or X-PD’s licensor’s. Any third party trade or service marks present on the Website are trade or service marks of their respective owners. X-PD reserves all right in and to this content. The content of the Website may not be downloaded, copied, reproduced, modified, stored, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose in any medium whatsoever without explicit prior written consent of X-PD.
Links from the Website
Exclusion of Warranties/ Limitation of Liability
Nothing in the Terms shall affect any statutory rights to which you are always entitled as a consumer and that you cannot contractually agree to alter or waive. However, you acknowledge that the Website is provided “as is” and “as available”. X-PD makes no warranty or representation, express or implied, to you with respect to the Website to the fullest extent permitted by law. In particular, X-PD does not represent or warrant to you that: (i) your use of the Website will meet your requirements; (ii) your use of the Website will be uninterrupted, timely, secure or free from error; (iii) any information obtained by you as a result of your use of the Website will be accurate or reliable; or (iv) defects in the operation or functionality of any software provided to you as part of the Website will be corrected.
YOU ACKNOWLEDGE AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE WEBSITE IS DONE AT YOUR OWN RISK AND YOUR ARE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
IN NO CIRCUMSTANCES SHALL X-PD OR ITS SUPPLIERS BE LIABLE IN ANY WAY WHATSOEVER ARISING OUT OF YOUR USE OR INABILITY TO USE THE WEBSITE OR ACCESS ITS CONTENT, EVEN IF X-PD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, X-PD SHALL NOT BE LIABLE TO YOU FOR:
(i) ANY INDIRECT OR CONSEQUENTIAL LOSSES INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION;
(ii) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
a. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Website;
b. any changes which X-PD may make to the Website, or for any permanent or temporary cessation in the provision of the Website (or any features within the Website);
c. the deletion of, corruption of, or failure to store, any User Submissions and other communications data maintained or transmitted by or through your use of the Website; or
d. your failure to keep any passwords or account details secure and confidential.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT X-PD’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
The Terms constitute the whole legal agreement between you and X-PD and govern your use of the Website and replace any prior agreements between you and X-PD in relation to the Website. You agree that if X-PD does not exercise or enforce any legal right or remedy which is contained in the Terms (or which X-PD has the benefit of under any applicable law) this will not be taken to be a formal waiver of X-PD’s rights and that those rights or remedies will still be available to X-PD. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. You acknowledge and agree that each member of the group of companies of which X-PD is a party shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them under the Contracts (Rights of Third Parties) Act 1999. Other than this, no other person or company shall be a third party beneficiary of the Terms. The Terms, and your relationship with X-PD under the Terms, shall be governed by English law. You and X-PD agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that X-PD shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.