Xaxii’s Terms of Use

PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY XAXII, LLC. (“Xaxii”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://XAXII.COM (THE “SITE”) AND ALL SERVICES PROVIDED BY XAXII ON THE SITE.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlinks. This Agreement applies to all users of the Site, including without limitation users who are members, vendors, customers, merchants, contributors of content, information and other goods or services on the Site.

If you have any questions, please contact us at xaxii@xaxii.com.

1. Xaxii is a Venue

Xaxii acts as a venue to allow users who comply with Xaxii’s policies to interact with, offer, publish content, sell and buy certain fashion, beauty and lifestyle goods and services. Xaxii is not directly involved in the transaction between buyers and sellers. As a result, Xaxii has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Xaxii does not pre-screen users or the content or information provided by users. Xaxii cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, Xaxii does not transfer legal ownership of items from the seller to the buyer.

Xaxii cannot guarantee the true identity, age, and nationality of a user. Xaxii encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using third-party services that provide additional user verification.

You agree that Xaxii is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Xaxii. You use the Xaxii service at your own risk.

2. Membership Eligibility

Age: Xaxii’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable laws. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Xaxii may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use Xaxii’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.

Eligible individuals are permitted only one membership account. Xaxii does not permit multiple accounts for the same member and its sole discretion may terminate all such accounts.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Xaxii’s policies as stated in the Agreement as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Xaxii, each of which is incorporated herein by reference and each of which may be updated by Xaxii from time to time without notice to you.

In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Xaxii from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Xaxii of any unauthorized use of your password or any breach of security. You also agree that Xaxii cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Xaxii without Xaxii’s express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email and postal address. To sell items on Xaxii you must provide and maintain valid payment information such as valid credit card information and a valid PayPal account.

Account Transfer: You may not transfer or sell your Xaxii account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service: Xaxii’s services are not available to temporarily or indefinitely suspended Xaxii members. Xaxii reserves the right, in Xaxii’s sole discretion, to cancel unconfirmed or inactive accounts. Xaxii reserves the right to refuse service to anyone, for any reason, at any time.

3. Fees and Services

Joining Xaxii as a member is free. Xaxii charges fees for the use of certain section of the Site. These sections primarily refer to but not limited to the parts of  Boutiques and Jobs. Details of applicable fees for use of these sections is provided in Fees policy.

4. Purchasing, Listing, Selling and Trading

Purchasing an item or service is limited to members. A non-member of the site is not allowed to purchase goods and services. Sellers of goods and services are prohibited to conduct such activity with non-members through the site.

Members must apply for and receive sellers or trading account from Xaxii before they can list, sell and offer goods and services through Xaxii. All sellers and trading accounts require members to agree with respective terms and conditions as presented here. Xaxii at its sole discretion may terminate any such privileges.

5. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to Xaxii and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Xaxii.

Restricted Activities: Your Content and your use of Xaxii shall not:

1. Be false, inaccurate or misleading
2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
3. Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
4. Violate this Agreement, The DOs & DON’Ts of Xaxii, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
5. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Xaxii staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
7. Be obscene or contain child pornography
8. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
9. Modify, adapt or hack Xaxii or modify another website so as to falsely imply that it is associated with Xaxii;
10. Appear to create liability for Xaxii or cause Xaxii to lose (in whole or in part) the services of Xaxii’s ISPs or other suppliers
11. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, The DOs & DON’Ts of Xaxii, or other policy documents as posted on Xaxii.

Furthermore, you may not consummate any transaction that was initiated using Xaxii’s service that, by paying to Xaxii, could cause Xaxii to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

6. Content

License: Xaxii does not claim ownership rights in your Content. You grant Xaxii a license solely to enable Xaxii to use any information or Content you supply Xaxii with, so that Xaxii is not violating any rights you might have in that Content. You grant Xaxii a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Xaxii to store or re-format your Content on Xaxii and display your Content on Xaxii in any way as Xaxii chooses.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Xaxii user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Xaxii-related communications. Xaxii has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Xaxii user to your email or physical mail list.

Re-Posting Content: By posting Content on Xaxii, it is possible for an outside website or a third party to re-post that Content. You agree to hold Xaxii harmless for any dispute concerning this use. If you choose to display your own Xaxii-hosted image on another website, the image must provide a link back to its listing page on Xaxii.

Idea Submissions: Xaxii considers any suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (collectively, the “Material”) to be non-confidential and non-proprietary, and Xaxii shall not be liable for the disclosure or use of such Material. If, at Xaxii’s request, any member sends Material to improve the site (for example through the Forums or to customer support), Xaxii will also consider that Material to be non-confidential and non-proprietary and Xaxii will not be liable for use or disclosure of the Material. Any communication by you to Xaxii is subject to this Agreement. You hereby grant and agree to grant Xaxii, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

7. Information Control

Xaxii does not control the Content provided by users that is made available on Xaxii. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using Xaxii, you agree to accept such risks and that Xaxii (and Xaxii’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Xaxii. Please use caution, common sense, and practice safe buying and selling goods or services when using Xaxii.

Other Resources: Xaxii is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Xaxii does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Xaxii shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

8. Resolution of Disputes and Release

In the event a dispute arises between you and Xaxii, please contact Xaxii by email xaxii@xaxii.com.

Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in state of Delaware, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Xaxii agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Should you have a dispute with one or more users, or an outside party, you release Xaxii (and Xaxii’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Xaxii encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

Xaxii, for the benefit of users, may try to help users resolve disputes. Xaxii does so in Xaxii’s sole discretion, and Xaxii has no obligation to resolve disputes between users or between users and outside parties. To the extent that Xaxii attempts to resolve a dispute, Xaxii will do so in good faith based solely on Xaxii’s policies. Xaxii will not make judgments regarding legal issues or claims.

9. Xaxii’s Intellectual Property

Xaxii, and other Xaxii graphics, logos, designs, page headers, button icons, scripts, and service names are property of Xaxii, LLC.  Xaxii name, logo or graphics can not be used as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

10. Access and Interference

Xaxii may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Xaxii is updated on a real-time basis and is proprietary or is licensed to Xaxii by Xaxii’s users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Xaxii for any purpose whatsoever, except to the extent expressly permitted by and in compliance with Xaxii’s Terms of Use or otherwise without Xaxii’s prior express written permission. Additionally, you agree that you will not:

1. Take any action that imposes, or may impose, in Xaxii’s sole discretion, an unreasonable or disproportionately large load on Xaxii’s infrastructure
2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in The DOs & DON’Ts of Xaxii from the Site except to the extent expressly permitted by and in compliance with Xaxii’s API Terms of Use or otherwise without the prior express written permission of Xaxii and the appropriate third party, as applicable
3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
4. Bypass Xaxii’s robot exclusion headers or other measures Xaxii may use to prevent or restrict access to Xaxii

11. Breach

Without limiting any other remedies, Xaxii may, without notice, and without refunding any fees, delay or immediately remove Content, warn Xaxii’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

Xaxii suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreemen or other policy documents and community guidelines incorporated herein; Xaxii is unable to verify or authenticate any of your personal information or Content; or Xaxii believes that a user is acting inconsistently with the letter or spirit of Xaxii’s policies, has engaged in improper or fraudulent activity in connection with Xaxii or the actions may cause legal liability or financial loss to Xaxii’s users or to Xaxii.

12. Privacy

Except as provided in Xaxii’s Privacy Policy Xaxii will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Xaxii stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

13. No Warranty

XAXII, XAXII’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND XAXII’S SUPPLIERS PROVIDE XAXII’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. XAXII, XAXII’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND XAXII’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM XAXII SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

14. Liability Limit

IN NO EVENT SHALL XAXII, AND (AS APPLICABLE) XAXII’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR XAXII’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, XAXII’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

XAXII’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF XAXII’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO XAXII IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

15. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD XAXII AND (AS APPLICABLE) XAXII’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

16. No Guarantee

Xaxii does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Xaxii’s control.

17. Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Xaxii service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Xaxii’s net income).

18. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

19. No Agency

You and Xaxii are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

20. Xaxii Service

Xaxii reserves the right to modify or terminate the Xaxii service for any reason, without notice, at any time. Xaxii reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Xaxii makes a material change Xaxii will notify you here, by email, by means of a notice on our update page, or other places Xaxii deems appropriate. What constitutes a “material change” will be determined at Xaxii’s sole discretion, in good faith, and using common sense and reasonable judgment.

21. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Delaware, excluding its conflicts of laws rules, and the United States of America.

22. Survival

Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Resolution of Dispute and Release), 9 (Xaxii’s Intellectual Property), 10 (Access and Interference), 11 (Breach), 12 (Privacy), 13 (No Warranty), 14 (Liability Limit), 15 (Indemnity), 16 (No Guaranty), 18 (Severability), 19 (No Agency), 21 (Choice of Law) shall survive any termination or expiration of this Agreement.

24. Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to Xaxii, LLC; Attn: Legal Department; 150 N Michigan Ave; Suite 2800; Chicago, IL 60601 (in the case of Xaxii) or, in your case, to the email address you provide to Xaxii (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Xaxii may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Xaxii. In such case, notice shall be deemed given three days after the date of mailing.

For issues with intellectual property, please provide the notice as specified in Xaxii’s Copyright and Intellectual Property Policy.

Effective Date: Apr 18, 2012

Xaxii Privacy Policy

What This Privacy Policy Covers 

This privacy policy covers the use of the web site located at http://www.xaxii.com and the services provided by Xaxii, LLC. (“Xaxii”), including how Xaxii treats personal information that Xaxii collects and receives. Pursuant to Xaxii’s Terms of Use, you must be 18 years and older to use this site. Therefore, this policy makes no provision for individuals under 18 years old. This policy does not apply to the practices of third parties that Xaxii does not own or control, or individuals that Xaxii does not employ or manage.

Information Collection and How it is Used

General Information:

• Xaxii collects personal information when you register to use Xaxii services. At registration you are asked for your email address and certain other optional information.
• Xaxii will not sell or disclose your name or email address to third parties without your explicit consent, except as specified in this privacy policy.
• Your username, real name and profile picture is displayed throughout Xaxii and is connected to all of your Xaxii activity. Other Xaxii members can see your pictures, items in wish list, comments and other activities.
• Xaxii displays pictures in Catwalk and discussions in Town Hall in publicly accessible areas such as magazine and others. These areas can be accessed by non-members to the site as well.
• Xaxii collects and maintains informations such as your credit card or paypal account information, billing and shipping addresses to facilitate buying and selling on the site. This information may be shared with sellers and/or third party service providers such as credit card transaction processing companies.
• If you obtain a Seller account, Xaxii will ask for your billing address, phone number, Paypal and a credit card information. In Bazaar section of the site, sellers name,  profile picture and other information is displayed. Since, the Bazaar section is open to the public at large, seller information will also be displayed to members and non-members alike.
• Xaxii automatically receives and records information on our server logs from your browser, including your IP address, cookies, and the pages you request. This data is only used in the aggregate.
• Xaxii uses information for the following general purposes: products and services provisioning, billing, identification and authentication, services improvement, contact, research, and anonymous reporting. IP addresses are automatically reported by your browser each time you view a web page. Your IP address is stored in Xaxii’s user registration databases when you register with Xaxii. IP addresses may be used for various research purposes.

Service-related Announcements

Xaxii will send you a welcome/confirmation email when you sign up for Xaxii’s services. Receipt of this email is required for using Xaxii’s services. Xaxii will send you service-related announcements on rare occasions when it is necessary to do so.

You may not opt-out of service-related communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account by emailing support@Xaxii.com from the email address you signed up with.

Administrative Messages

Xaxii uses “Xaxii news” part of the site to inform and collect feedback from its members. However, Xaxii may periodically email you with administrative messages. Xaxii will not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. Your information may be combined with information Xaxii collects from other companies and used to improve and personalize services, content and advertising. If you do not wish to receive administrative messages or participate in these programs, simply opt-out by emailing support@Xaxii.com.

Newsletter Emails

Xaxii offers subscriptions to Xaxii email newsletters. To opt-in, Xaxii will ask for your email address and the newsletter(s) you wish to receive. This email address will only be used for this feature. You may change your subscription or unsubscribe at anytime by changing your preferences in account settings.

Grow your network Feature

“Grow your network” is a feature in which members can send a one-time email message to invite someone to join Xaxii.

If you choose to use this feature, Xaxii will ask for the information needed to send the message, such as your friend’s email address. Xaxii will then automatically send your friend an email, inviting your friend to visit the site. Xaxii stores the information for the purpose of sending this message, limiting the ability to send invitations to one per recipient-sender combination and tracking the success of this feature.

Cookies

A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a web site’s computers and stored on your computer’s hard drive. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. If you reject all cookies, you will not be able to use Xaxii products or services that require you to “sign in,” and you may not be able to take full advantage of the Xaxii service. Xaxii uses its own cookies for a number of purposes, including to: Access your information when you “sign in”; keep track of preferences you specify while you are using Xaxii’s services; estimate and report Xaxii’s total audience size and traffic; conduct research to improve Xaxii’s content and services. Xaxii cookies do not collect personal information, and Xaxii does not combine information collected through cookies with other personal information to tell us who you are or what your username or email address is.

Information Sharing and Disclosure

When you post a message, your real name and profile picture is visible to other users. If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. Xaxii may be required to disclose personally identifiable information under special circumstances, such as to comply with subpoenas or when your actions violate the Xaxii Terms of Use. Xaxii may disclose personally identifiable information to parties in compliance with Xaxii’s policies, as Xaxii in it’s sole discretion believes necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. In such events, Xaxii may disclose name, street address, city, state, zip code, country, phone number, email address and company name.

Xaxii is affiliated with a variety of businesses and works closely with them. These businesses may operate stores on the Xaxii website or sell items to you from the Xaxii website. Xaxii may also provide services or sell products jointly with affiliated businesses. Due to the nature of Xaxii’s business model, when an affiliated business is associated with your transaction, you will share customer information that is related to such transaction with that affiliated business.

Xaxii employs other companies and people to perform tasks on our behalf and needs to share your information with them to provide products and services to you. Examples include but are not limited to fulfilling orders, handling billing disputes and collections, analyzing data, providing marketing assistance and providing customer service.

Xaxii will not rent, sell, or share personal information about you with nonaffiliated parties except as specified in this Privacy Policy to provide products or services you have requested or when Xaxii has your permission. It may be necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Xaxii’s Terms of Use, as specified in this Privacy Policy or as otherwise required by law. In some cases, Xaxii may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that is transferred. Xaxii will transfer information about you if Xaxii is acquired by or merged with another company. In this event, Xaxii will notify you by email or by putting a prominent notice on the Xaxii web site before information about you is transferred and becomes subject to a different privacy policy.

As part of the buying and selling process, you may obtain another Xaxii user’s email address, shipping address and/or other information. Pursuant to Xaxii’s Terms of Use, you have a limited license to use this information. This information should only be used for Xaxii-related communications or for Xaxii-facilitated transactions. Xaxii has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Xaxii user to your email or physical mail list.

Without limiting the above, in an effort to respect your privacy and Xaxii’s ability to keep the community free from bad actors, Xaxii will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order, legal process, or substantially similar legal procedure, except when Xaxii believes in good faith that the disclosure of information is necessary to protect Xaxii’s rights, prevent imminent physical harm or financial loss, or to report suspected illegal activity.

Town Hall

If you use Town Hall, you should be aware that any personally identifiable information you submit there can be read, collected, or used by others or could be used to send you unsolicited messages. Xaxii is not responsible for the personally identifiable information you choose to submit in these forums.

Third Parties

Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information Xaxii collects from you. If you disclose your information to others, whether they are buyers or sellers on Xaxii or throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. Xaxii does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. Xaxii is not responsible for the privacy or security practices of other websites on the Internet, even those linked to or from the Xaxii site. Xaxii encourages you to ask questions before you disclose your personal information to others.

Editing and Deleting Account Information

You can change your Xaxii Account Information (except your username), at any time. Xaxii may send you certain communications relating to the Xaxii service, such as service-related announcements and administrative messages that are considered part of your Xaxii account. You can delete your Xaxii account by emailing support@Xaxii.com. Please note that your identification, billing and contact information may remain in Xaxii’s records for some period.

Xaxii limits access to personal information about you to employees who Xaxii believes reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. Your Xaxii Account Information is password-protected.

If your personally identifiable information changes you may correct or update it by making the change on Your Xaxii account and profile pages. You may delete or deactivate your account by emailing Customer Support at support@Xaxii.com or by postal mail at the contact information listed below. Xaxii will respond to your request within 10-20 business days.

Security

The security of your personal information is important to us. Your Xaxii account information is protected by a password for your privacy and security. You need to work to protect against unauthorized access to your password and to your computer by signing off once you have finished using a shared computer. When you enter sensitive information (such as credit card number) for registration Xaxii encrypts that information using secure socket layer technology (SSL). Xaxii follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once Xaxii receives it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while Xaxii strives to use commercially acceptable means to protect your personal information, Xaxii cannot guarantee its absolute security. If you have any questions about security on Xaxii’s Web site, you can email Xaxii at xaxii@Xaxii.com.

Changes to this Privacy Policy

If the privacy policy is changed, Xaxii will post changes so that you are aware of those changes. Xaxii reserves the right to modify this privacy statement at any time, so please review it frequently. If Xaxii makes material changes to this policy you will be notified here, by email, or other places Xaxii deems appropriate.

Questions

If you have questions or suggestions you can contact Xaxii via “Contact us” section of the site or write to: Xaxii LLC, 150 N Michigan Ave, Suite 2800, Chicago IL 60601, USA.

Effective Date: Apr 18,  2012