Last updated May 18, 2021
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK ON “CONTINUE WITH” BUTTON, ONCE THE BUTTON IS CLICKED YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT REGARDLESS OF WHETHER OR NOT YOU REGISTER FOR OR PURCHASE THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY XOXO AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON THE WEBSITE/ UPON OUR UPDATING THE APPLICATION WITH THE CURRENT VERSION OF THIS AGREEMENT.
1. Eligibility. By registering on XOXO, You represent and warrant that You are at least 18 years old. Membership in the Service and registration on XOXO is void where prohibited. By using XOXO, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You may not authorize others to use Your membership, and You may not assign or otherwise transfer Your account to any other person or entity.
2. Term. This Agreement will remain in full force and effect while You use XOXO and/or are a Member of XOXO. You may terminate Your membership at any time, for any reason, effective upon receipt of Your written notice of termination by XOXO customer support staff.
XOXO may terminate Your membership for any reason, with or without explanation, effective upon sending a notice to Your email address provided at registration, or to any other email address provided by You to XOXO. Upon termination by XOXO without cause, You shall receive a refund, pro rata, of any paid fees that XOXO has received from You. If Your membership with XOXO is terminated by reason of violation of this Agreement, or at Your request, You will not be entitled to, nor shall XOXO be liable to You, for any refund of unused fees for using XOXO or its additional Services. Unused coins expire 365 days after their purchase date. Used coins are non-refundable, except as provided in this Agreement or applicable policy. Notwithstanding Your membership being terminated, this Agreement will remain in full effect.
3. Non-Commercial Use by Members. XOXO is for the personal use of individual Members and/or Registered Non-Members only and may not be used in connection with any commercial endeavours. Organizations, companies, businesses, and/or other entities may not become Members and are not entitled to use the Service or the Website/ Application for any purpose. Illegal and/or unauthorized use of the Website/ Application, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website/ Application will be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. You hereby grant, represent and warrant that You will not create any databases, websites, applications, software, legal entities and services competitive with XOXO. You further guarantee and warrant that You will not use the Website/Application for any commercial purposes, and/or send or receive funds thorough the Website/Application, and/or create accounts with fake usernames. You further guarantee and warrant that You will not be paid for using the Website/Application and services, provided on the Website/Application. Such activity will be investigated, Your membership may be terminated and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress.
4. Proprietary Rights in Content. XOXO owns licenses or otherwise retains all intellectual property rights in the Website/ Application and the Service, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same of XOXO and its licensors. Except for that information which is in the public domain or for which You have been given written permission, You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. Content Posted at XOXO:
a. You understand and agree that XOXO may at its sole discretion store for review and delete any content, messages, photos, videos, audio and video calls or profiles (collectively, “Content”) that in the sole judgment of XOXO violate this Agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other Members or any third parties.
b. You are solely responsible for the Content that You publish or display (hereinafter, “post”) via the Website/ Application, or transmit to other Members.
c. By posting Content to any public area of the Website/ Application You automatically grant, represent and warrant that You have the right to grant to XOXO an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
d. The following is a partial list of Content that is illegal or prohibited on the Website/ Application. XOXO reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this provision including without limitation removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes, but is not limited to,
e. You must use the Service in a manner consistent with any and all applicable laws and
regulations. Your Content must comply with applicable international, national and local laws and
f. You may not include in Your profile any telephone numbers, street addresses, last names, URLs or email addresses. You may not include in Your correspondence with other members any URLs, email addresses or telephone and fax numbers.
g. You may not engage in advertising to, or solicitation of, other Members and/or Registered Non-Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although XOXO cannot monitor the conduct of its Members off the Website/ Application, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect its Members from such advertising or solicitation, XOXO reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which XOXO deems appropriate in its sole discretion.
h. You may not collect data from XOXO either from authorized and not authorized zones through automated means (bots, spiders, scrapers or equivalent means), or by establishing fake user accounts or by anonymous proxy servers or equivalent measures, or by circumventing any technical measures to prevent forbidden activity on XOXO. You may not collect data from XOXO authorized zones by any other means including manual collection of data.
i. To ensure the quality of the Service provided, Your communication through the Website/ Application may be recorded.
j. XOXO reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this Section 5 including without limitation removing the offending communication from the Service and terminating the membership of such violators. You can have only one active account on XOXO, other will be deleted.
7. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if You believe that Your work has been copied and posted on the Service in a way that constitutes copyright infringement, please supply XOXO's copyright agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing on such copyright is located on the Website/ Application; Your address, telephone number, and email address; a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owners behalf.
8. Member Disputes. You are solely responsible for Your interactions with other XOXOMembers/Registered Non-Members. XOXO reserves the right, but has no obligation, to monitor disputes between You and other Members/Registered Non-Members.
9. Calls and text messages. By providing Your phone number(s), you confirm that the number(s) belongs to you and you expressly consent to receive various notifications from Website/Application including but not limited to: account verification, password recovery, marketing notifications, invite notifications, your contact list activities notifications, non-marketing and marketing text messages from XOXO, at the telephone number(s) that you provide. You may opt-out of these communications at any time, and consent to receive text messages is not required to purchase any goods or services. Your phone number will only be visible to you.
11. Disclaimers. XOXO PROVIDES THE SERVICE ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH ITS REPRESENTATIVES, OTHERWISE WITH RESPECT TO THE SERVICE. XOXO SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, XOXO DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. XOXO DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY. Although each member must agree to the Agreement, XOXO cannot guarantee that each member is at least the required minimum age, nor does it accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. Also, it is possible that other members or users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials through the Service and that You may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Service. Those others may use Your information for purposes other than what You intended. XOXO is not responsible for the use of any personal information that You disclose on the Service. Please carefully select the type of information that You post on the Service or release to others. XOXO DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE. XOXO is not responsible for any incorrect or inaccurate Content posted on the Website/ Application or in connection with the Service, whether caused by users of the Website/ Application, Members or by any of the equipment or programming associated with or utilized in the Service. XOXO is not responsible for the conduct, whether online or offline, of any user of the Website/ Application or Member of the Service. XOXO assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. XOXO is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Websites/ Applications or combination thereof, including injury or damage to users and/or Members or to any other persons computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will XOXO be responsible for any loss or damage, including personal injury or death, resulting from anyones use of the Website/ Application or the Service, any Content posted on the Website/ Application or transmitted to Members/Registered Non-Members, or any interactions between users of the Website/ Application, whether online or offline.
12. Suppliers. To provide the Service, XOXO may purchase services from various third parties (collectively,
“Suppliers”). The Suppliers are independent contractors and are not agents, or employees of XOXO. XOXO is not
responsible for the willful or negligent acts and/or omissions of any Supplier or any of its respective employees,
agents, servants or representatives including, without limitation, their failure to deliver Services, or partial
inadequate delivery of Services. According to terms of agreement with its Suppliers, XOXO is prohibited from
rendering the Suppliers contact information. Services provided by the Suppliers include but are not limited to the
following: Suppliers provide full, accurate and legitimate information required for the registration of the
at XOXO prior to their registration according to the terms of Agreement.
a. Suppliers provide full, correct and quality translation of all correspondence of their Members.
b. Suppliers provide additional services in accordance to the terms of their agreement with XOXO.
c. Any additional services requested by XOXO Members, which fall into the Suppliers scope of activity, but not defined by XOXO terms of Agreement with Supplier, may be processed by Suppliers, but are not automatically granted. Provision of any services not listed in this Article is prohibited. XOXO is not in any way responsible for the quality of any additional services provided by the Suppliers. The Website/ Application and the Service are provided “as is” and XOXO expressly disclaims any warranty of fitness for a particular purpose or non-infringement. XOXO cannot guarantee and does not promise any specific results from use of the Website/ Application and/or the Service.
13. Members. XOXO does not influence the relationships between Members of the Website/ Application. Members may terminate their membership with XOXO at any time.
14. Rights of Registered Non-Members/Purchase of Membership/Additional Purchases.
By subscribing to our monthly membership, you will be able to:
For those users who registered before 18th June 2019 - 1 Month membership costs USD 7.99
All Services not included in the membership fee shall be provided at additional charge. Your membership will
continue indefinitely until cancelled by You. After Your initial purchase of membership, and again after any
subsequent membership period, Your membership will automatically renew for an additional equivalent period, at the
price you agreed to when initially purchasing the membership. You agree that your account will be subject to this
automatic renewal feature. If You want to change or terminate your membership, please contact our customer support
at firstname.lastname@example.org. If You cancel Your membership, You may use your membership until the end of Your
then-current membership term and Your membership will not be renewed thereafter. However, You won't be eligible
a prorated refund of any portion of the membership fee paid for the then-current membership period.
By purchasing the membership, You authorize XOXO to charge Your credit card, debit card or other payment method at
such time and again, as Your membership will automatically renew at the beginning of any subsequent membership
period, unless canceled by You prior to the expiration of any membership period, including any sales or similar
taxes imposed on Your membership payments. Unless otherwise indicated in any applicable additional terms or
communications XOXO sends to Your registered email address, the renewal membership will be at the same membership
fee as when you first subscribed, plus any applicable taxes, unless XOXO notifies You at least 10 days prior to
end of your current term that the membership fee will increase. You acknowledge and agree that your payment method
will be automatically charged for such membership fees, plus any applicable taxes, upon each such automatic
You acknowledge that your membership is subject to automatic renewals and You consent to and accept responsibility
for all recurring charges to your credit or debit card (or other payment method, as applicable) based on this
automatic renewal feature without further authorization from You and without further notice except as required by
law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change
or if you are notified that there will be an increase in the applicable membership fees. Upon the renewal of Your
membership, if XOXO does not receive payment, You agree that XOXO may either terminate or suspend your membership
and continue to attempt to charge Your payment method provider until payment is received (upon receipt of payment,
your account will be activated and for purposes of automatic renewal, your new membership commitment period will
begin as of the day payment was received).
Additional services which are not included in membership may be bought for Coins.
You can also buy Opening lines, Superlikes and Spotlights.
15. Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event will XOXO be liable to You or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from Your use of the Website/ Application or the Service, as well as damages for loss of date, loss of programs, cost of procurement of substitute Services or Service interruptions, even if XOXO knows or has been advised of the possibility of such damages. XOXO is not responsible for any expenses that you may have related to communicating with Members and Non-Members on our site but outside of using our services our services (including, but not limited to expenses related to travel, deliveries, meetings etc.). Those expenses are your own responsibility. Notwithstanding anything to the contrary contained herein, XOXO's liability to You for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to XOXO for the Service during the term of membership.
16. U. S. Export Controls. Software from the Website/ Application (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website/ Application or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone who is listed on the U. S. Treasury Department's list of Specially Designated Nationals or on the U. S. Commerce Department's Table of Deny Orders. By downloading or using the Software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
18. Indemnity. You agree to indemnify and hold XOXO, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your use of the Service in violation of this Agreement, and/or any allegations that any Content that You submit to XOXO or transmit to the Website/ Application infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or arising from a breach of this Agreement and/or any breach of Your representations and warranties set forth above. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
19. Other. This Agreement, accepted upon use of the Website/ Application and further affirmed by becoming a Member and/or Registered Non-Member of the Service, contains the entire Agreement between You and XOXO regarding the use of the Website/ Application and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.