xigxag Service Conditions of Use

As of: 29 June 2020

xigxag Limited provides access to digital spoken word audio entertainment ("xigxag Content") via the xigxag.co.uk website and mobile applications ("the xigxag Mobile App"), collectively called "the xigxag Service." Your use of the xigxag Service constitutes your acceptance of these conditions.

Additional governing documents include: xigxag Purchase Terms & Conditions, xigxag Plan Terms, and posted policies. For UK/EU residents, the Privacy Notice, Cookies Notice, and Interest-Based Ads Notice are informational only.

Please review our Privacy Notice regarding personal data handling practices and choices.

Communication occurs via email or notices posted on the xigxag Service.

The service personalises content recommendations, messages, and features based on user activity.

All xigxag Service content, including text, graphics, logos, icons, images, audio, downloads, and data, belongs to xigxag or its suppliers and is protected by UK and international copyright laws. The complete compilation is xigxag's exclusive property.

"xigxag," xigxag.co.uk, xigxag.co, graphics, logos, headers, icons, scripts, and service names are xigxag Limited trademarks in the UK. You may not use xigxag trademarks with non-xigxag products, in a manner likely to cause confusion, or in any way that disparages xigxag. Hyperlinks using xigxag logos require express written permission. Other trademarks belong to their respective owners, who may or may not be affiliated with xigxag.

Subject to your compliance with these conditions and payment of applicable fees, xigxag grants you a limited, non-exclusive, non-transferable, non-sublicensable licence for personal, non-commercial use only. This licence prohibits: resale, commercial use, collection of product listings, creation of derivative works, copying of account information, data mining, and use of robots or extraction tools.

All rights not expressly granted to you in these conditions are reserved and retained by xigxag. You may not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the xigxag Service for commercial purposes without xigxag's express written consent. You may not frame xigxag content without permission, and you may not use hidden text or meta tags with xigxag names or trademarks without consent.

You have a limited, revocable right to create a hyperlink to the xigxag.co.uk homepage, provided the link does not portray xigxag in a false, misleading, derogatory, or offensive manner. The licences granted by xigxag terminate if you do not comply with these conditions.

Registered users receive passwords and accounts ("xigxag Account"). You are responsible for maintaining the confidentiality of your account and accept responsibility for all activities that occur under your account. xigxag does sell products for children, but it sells them to adults. If you're under 18, you may use xigxag services only with the involvement of a parent or guardian.

xigxag reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its discretion.

User-posted content (reviews, comments, photos, messages, suggestions) must not be illegal, obscene, threatening, defamatory, privacy-invasive, infringing, injurious, or otherwise objectionable, and must not contain malware, political campaigns, commercial solicitation, chain letters, mass mailings, or spam. You may not use false email addresses or impersonate any person or entity. xigxag may remove or edit content but does not regularly review posted content.

By posting content, you grant xigxag a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You warrant that you own the rights to the content you post, that it is accurate and compliant, and you agree to indemnify xigxag for any claims arising from your content.

xigxag respects intellectual property. If you believe your work has been copied in a manner that constitutes copyright infringement, please follow the Notice and Procedure for Making Claims of Copyright Infringement set out below.

xigxag attempts to be as accurate as possible. However, xigxag does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free.

Additional terms apply to xigxag software (including updates, upgrades, and documentation) for xigxag Service use. See Additional Software Terms below.

xigxag may offer third-party content and permit third parties to provide services or sell products. xigxag is a distributor, not a publisher, and is not responsible for examining or evaluating third-party offerings, content, or websites. xigxag does not assume any responsibility or liability for the actions, products, or content of any third parties. You should review their privacy statements and conditions of use.

xigxag makes content available without a purchase requirement. Access continues only while xigxag makes it available or while the user remains registered and in good standing. xigxag may remove content from accounts or devices or restrict access at any time.

xigxag reserves the right to remove or disable access to content that violates copyright or intellectual property rights. xigxag may add or remove purchasable and promotional content at any time with no guarantee of availability. Some content may be limited to certain territories using geofiltering. We will not be liable for the removal of or disabling of access to any xigxag Content or materials.

Your use of the xigxag Service automatically terminates if you violate these conditions. Termination may occur without notice and without refund. Failure to enforce any provision does not constitute a waiver of xigxag's rights.

xigxag reserves the right to modify, suspend, or discontinue the xigxag Service at any time, in whole or in part, with or without notice, and without liability. Users may receive a full or partial refund at xigxag's discretion.

xigxag will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the xigxag Service. xigxag is not responsible for business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or other indirect or consequential losses that are not reasonably foreseeable. xigxag does not limit in any way our liability by law for death or personal injury caused by our negligence.

These conditions are governed by the laws of England and Wales. The UN Convention on Contracts for the International Sale of Goods is excluded. Both parties submit to the non-exclusive jurisdiction of the English courts. Please contact support@xigxag.co.uk with any concerns.

xigxag reserves the right to change the xigxag Service, these conditions, and related terms at any time. Continued use indicates acceptance of any changes. If you disagree with any change, you should stop using the xigxag Service immediately. If any provision of these conditions is found to be invalid or unenforceable, that provision shall be severed without affecting the remaining provisions.

xigxag operates on a "notice and takedown" basis. If content on or advertised on the site contains a defamatory statement, please notify us immediately by following the Notice and Procedure for Notifying of Defamatory Content set out below. xigxag will make reasonable efforts to remove the content complained about within a reasonable time.

Purchasing xigxag Content grants you a limited, revocable, non-exclusive, non-transferable licence to download and stream the content to your computer or devices for personal, non-commercial use only. You agree not to otherwise copy, reproduce, distribute, or use the xigxag Content other than as expressly set forth herein. You may not sell, transfer, lease, modify, distribute, publicly perform, or commercially exploit xigxag Content. You may not modify, reverse engineer, decompile, disassemble, tamper with, or create derivative works of xigxag Content.

List prices represent the full retail price as listed on the content, as determined by xigxag, suggested by the manufacturer or supplier, or estimated per industry standard. Prices are subject to change at any time at xigxag's discretion. We cannot confirm the price of an item until you place your order. Despite our best efforts, some items may be mispriced. If the correct price exceeds the stated price, xigxag may cancel the order.

All purchased content is delivered to your xigxag Account.

Once content is available in your account, you bear the risk of loss for downloads and any loss of downloaded content, including file corruption or device crashes. Purchased xigxag Content will generally continue to be available in your xigxag Account but may become unavailable due to possible content provider licensing restrictions or other reasons. xigxag is not liable for unavailability and no refunds will be provided for this reason. You are encouraged to download promptly and keep a backup copy. If you are unable to complete a download, please contact customer service.

A valid payment instrument (credit card or permitted method) is required on your Google Play or iOS App Store Account.

You may cancel your order for purchase of xigxag Content within 14 days from the date of your purchase for a full refund by contacting Customer Care, unless you have started to download, stream, or listen to the xigxag Content. Once you have started to download, stream or listen, you cannot cancel your order and no refund will be provided. By placing your order you acknowledge and agree to these terms.

Gift Audiobooks, Gift Certificates, Gift Memberships, Promotional Claim Codes and Vouchers (collectively "Gift Items") are subject to these conditions. Purchasing or redeeming any Gift Item binds you to these terms plus the Conditions of Use above.

Audiobooks and x-books® purchased as gifts ("Gift Audiobooks") are presented in the recipient's "Reading" list. They are for audiobook and x-book® use only. If a Gift Audiobook is unavailable in the recipient's country at the time of purchase, the recipient receives credit equaling the purchase price. Credits apply toward audiobook purchases only, not Gift Audiobooks. Credits do not expire. Recipients must have or open a xigxag account. xigxag may advise the purchaser when a Gift Audiobook has been received.

• You cannot exchange Gift Audiobooks for other Gift Audiobooks.
• You cannot resell, transfer for value, redeem for cash, or apply Gift Audiobooks to other accounts except where required by law.

Claim Codes are for promotional use only and are void where prohibited. They are redeemable on the xigxag Mobile App only for audiobooks or audiobook credits. Claim Codes expire as indicated and credits may expire after a specified period. Additional terms may apply as communicated with the codes. Recipients must have or open a xigxag account. You can view the status of your codes in the "Account" section.

• Claim Codes cannot be used to purchase other Claim Codes.
• You cannot resell, transfer for value, redeem for cash, or apply Claim Codes to other accounts except where required by law. Unused codes are not transferable.
• Resale or unauthorised advertising, marketing, sweepstakes, or promotional use of Claim Codes is strictly prohibited.

xigxag may give rewards as vouchers to existing account holders ("Vouchers"). Vouchers are redeemable on the xigxag Mobile App for xigxag content only. xigxag deposits the Voucher directly to your account and may send an email notification. Upon purchase, vouchers cover the purchase amount first. The full purchase amount (excluding taxes) is deducted up to the available funds. If the purchase exceeds the Voucher amount, the balance is charged to the payment method on file. Vouchers expire as indicated in the notification or the "Account" section. Voucher value is determined by xigxag.

• Vouchers cannot be used to purchase Claim Codes.
• You cannot resell, transfer for value, redeem for cash, or apply Vouchers to other accounts except where required by law. Unused balances are not transferable.

Risk of Loss: Risk and title for Claim Codes and Vouchers pass to the purchaser upon xigxag's electronic transmission or carrier delivery. xigxag is not responsible if Gift Items are lost, stolen, destroyed, or used without permission.

Fraud and Abuse: xigxag may suspend or close accounts, revoke or terminate Gift Items, or limit the ability to purchase or redeem at its discretion to prevent fraud or abuse.

Resale: Resale or unauthorised advertising, marketing, sweepstakes, or promotional use is strictly prohibited.

Limitation on Liability: xigxag disclaims all warranties, express or implied, including warranties of merchantability or fitness. In the event a Gift Audiobook or Voucher is non-functional, your sole remedy shall be the replacement of such Gift Audiobook or Voucher.

Disputes: Claims exceeding £7,500 shall be adjudicated in the courts of London, England. Both parties consent to the exclusive jurisdiction and venue of those courts.

Consistent with the Copyright, Designs and Patents Act 1988, if you believe that your copyrighted materials have been copied in a manner that constitutes copyright infringement, please provide xigxag's agent with the following written information:

• A description of the copyrighted work claimed to have been infringed.
• The location of the infringing material on the xigxag Service.
• Your address, telephone number, and email address.
• A statement of good-faith belief that the disputed use is unauthorised by the copyright owner, agent, or law.
• A statement declaring the accuracy and truthfulness of the information provided, copyright ownership or authorisation, and usability in court proceedings.
• An electronic or physical signature of the person authorised to act on behalf of the copyright interest.

xigxag Copyright Agent contact: copyright@xigxag.com

Note: This contact is exclusively for copyright infringement notification. Other enquiries (technical assistance, customer service, email abuse, piracy reports) should be directed to support@xigxag.co.uk.

If content on or advertised on the site contains a defamatory statement, please notify us immediately by sending a completed Notice to xigxag of Defamatory Content to: defamation_notice@xigxag.co.uk. This procedure is exclusively for notifying xigxag of defamatory content. Please provide your address, telephone number, and email address.

Important Warning: Providing false, misleading, or inaccurate information may result in civil or criminal liability.

You may use xigxag Software solely to enable your use of the xigxag Service in accordance with the Conditions of Use, these terms, and any applicable terms. You may not incorporate portions of the Software into your own programs, compile it with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute, sublicense, or assign your rights to the Software in whole or in part. You may not use the Software for any illegal purpose. xigxag may cease providing the Software at any time.

Your rights to use the xigxag Software will automatically terminate without notice if you fail to comply with any of these Additional Software Terms. Third-party terms within or distributed with the Software, as identified in the documentation, may apply and will govern in the event of a conflict. All Software is the property of xigxag and its suppliers and is protected by UK and international copyright and authors' rights laws.

Your use of xigxag Software may involve third parties (such as wireless carriers and mobile platform providers). Such use is subject to the separate policies, terms, and fees of those third parties.

You may not, and you will not encourage, assist, or authorise any other person to modify, reverse engineer, decompile, disassemble, tamper with, or create derivative works of the xigxag Software, in whole or in part.

xigxag may offer automatic or manual updates to the Software at any time and without notice.