XStacks Terms of Service
Terms of Service for XStacks
Effective Date: January 29, 2025
1. Introduction
Welcome to XStacks, a game developed and owned by UplandMe, Inc. ("UplandMe," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of XStacks ("Game"), including any content, functionality, and services offered on or through the Game. By accessing or using the Game, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Game.
2. Ownership and Intellectual Property
XStacks is owned and operated by UplandMe, Inc. All rights, title, and interest in and to the Game, including all intellectual property rights, are and will remain the exclusive property of UplandMe. You are granted a limited, non-exclusive, non-transferable license to use the Game in accordance with these Terms.
3. Eligibility
By using the Game, you represent and warrant that you meet all eligibility requirements. You also agree to provide accurate, current, and complete information when creating an account and to update such information as necessary.
4. Account Registration and Security
To access certain features of the Game, you are required to register an account. You agree to:
Provide accurate and complete information during the registration process.
Maintain the confidentiality of your account credentials.
Notify us immediately of any unauthorized use of your account.
UplandMe reserves the right to suspend or terminate your account at our sole discretion, without notice, for violations of these Terms or any applicable laws.
5. Purchasing Passes and Unlimited Access
Premium Pass: Purchasing a premium pass monthly grants you unlimited access to play XStacks.
No Refunds: All purchases are final, and UplandMe does not offer refunds for passes.
6. General Prohibitions and User Conduct
You agree not to:
Violate any applicable laws or regulations.
Create multiple accounts or transfer your account to others.
Use bots or automated systems to interact with the Game.
Attempt to reverse engineer or disrupt the Game's functionality.
Post offensive, defamatory, or infringing content.
7. Dispute Resolution
A. Mediation Before Arbitration
Before initiating arbitration, you and UplandMe agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Game through non-binding mediation. You may contact us at [email protected] to initiate mediation.
B. Arbitration Details
If mediation does not resolve the dispute within sixty (60) days, the dispute shall be resolved by binding arbitration in accordance with the Federal Arbitration Act. The arbitration shall be conducted by a single neutral arbitrator selected by the American Arbitration Association (AAA) or a similar arbitration service agreed upon by both parties.
Location: The arbitration proceedings shall take place in Santa Clara County, California, USA, unless otherwise mutually agreed upon by the parties.
Arbitration Rules: The arbitration will be conducted in accordance with the AAA's Comprehensive Arbitration Rules and Procedures.
Selection of Arbitrator: The arbitrator shall be selected from the AAA's panel of arbitrators with expertise in digital platforms and blockchain technology.
Costs: Each party shall bear its own costs and attorney fees, and equally share the arbitrator’s fees and administrative costs, unless otherwise determined by the arbitrator.
Final and Binding: The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
C. Class Action/Jury Trial Waiver
You and UplandMe agree that any arbitration shall be conducted solely on an individual basis and not as a class action or representative proceeding. You waive your right to participate in a class action lawsuit or class-wide arbitration against UplandMe.
8. Limitation of Liability
UplandMe shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Game. Our total liability to you for any claims under these Terms shall not exceed $100.
9. Disclaimers
The Game is provided "as is" and "as available" without any warranties of any kind. UplandMe disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
10. Privacy and Data Protection
By using XStacks, you agree to UplandMe's ToS and Privacy Policy, which outlines how we collect, use, and protect your personal information. Your use of the Game also implies compliance with X's Privacy Policy and Terms of Service regarding data protection and privacy.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the federal and state courts located in Santa Clara County, California, for the resolution of any disputes.
12. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
13. Force Majeure
UplandMe shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, or governmental regulations.
14. Modifications to the Terms
UplandMe reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of the Game after such changes constitutes your acceptance of the new Terms. Significant changes will be communicated via email or through notices on the Game.
15. Contact Information
If you have any questions about these Terms, please contact us at:
Email: [email protected]
16. Acknowledgment
By using XStacks, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable policies.
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