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TERMS OF USE

Welcome to www.xskull8.com (the "Page"), owned and operated by Prfoksa, Suzana Jurečič s.p. (Xskull8) ("we," "us," or "Prfoksa, Suzana Jurečič s.p. (Xskull8)"), the official page of Xskull8 (the "Artist"). The terms below apply to the Page in all its portions under the xskull8.com domain.

TERMS OF USE

The following terms of use ("Terms") govern your use of the Page. By using the Page, you expressly agree to be bound by these terms and to follow these terms and all applicable laws and regulations in your use of the Page. If you do not agree to the terms set forth below, do not use the Page.

We reserve the right to change or update these terms at any time, effective immediately upon posting on the page. Please check the terms periodically for such changes. Your continued use of the Page following the posting of changes to this Agreement will mean you accept those changes.

INTELLECTUAL PROPERTY

Proprietary Rights

This Page is owned and operated by Prfoksa, Suzana Jurečič s.p. (Xskull8). The contents of this Page are protected by Slovene and international copyright legislation, international conventions and other applicable laws. All materials contained in the Page are the copyrighted property of Prfoksa, Suzana Jurečič s.p. (Xskull8) and/or its third-party licensors. The name Xskull8 and the flame logo are proprietary to Prfoksa, Suzana Jurečič s.p. (Xskull8). Unless expressly authorized by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on the Page. Notwithstanding the above, you may use the content and materials on the Page in the course of your normal, personal, non-commercial use of the Page.

Intellectual Property Rights

We respect the intellectual property rights of others, and we ask our users to do the same. Our policy is to terminate use of the Page by repeat infringers of copyright. If you believe that your copyright, trademark or other intellectual property rights have been infringed, please provide us with a written notification that includes the following:

1. A physical or electronic signature of person authorized to act on behalf of the owner of the right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works or rights are covered by a single notification, a representative list of such works or rights;

3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate that material;

4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an electronic mail address;

5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent, or the law; and

6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner, or authorized to act on behalf of the copyright owner, of the work that is allegedly infringed.

Please direct all notifications to support@xskull8.com

Modification of the Page

We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of the Page with or without prior notice. You will not be entitled to a refund during service outages that are caused by our maintenance on the servers or the technology that underlies Page. You agree that we will not be liable to you or to any third party for any modification or discontinuance.

Trademarks

Xskull8 name and the logo are trademarks of Prfoksa, Suzana Jurečič s.p. (Xskull8). All rights reserved. All other trademarks on the Page are the property of their respective owners.

WARRANTY DISCLAIMER

Your use of the page is at your sole risk. The page and the materials within it are provided on an "as is" and "as available" basis. We makes no warranty that:

1. the page will meet your requirements,

2. the page will be uninterrupted, timely, secure, or error-free,

3. the results that may be obtained from the use of the page will be accurate or reliable,

4. the quality of any products, information, or other material purchased or obtained by you through the page will meet your expectations, or that

5. any errors in any data or software will be corrected immediately.

Links and Third-Party Services

We may provide links to internet sites maintained by third parties and may from time to time provide third-party materials on the Page. We do not, however, control such links and/or materials. Accordingly, we do not endorse any such linked pages or the information, material, products or services contained on other linked pages, or accessible through them. Further, we make no warranties regarding such third-party links, services, resources or information, including without limitation, warranties of fitness for a particular purpose, merchantability or non-infringement and will not be liable for your use of or reliance on such third-party services, resources or information. Access and use of linked pages, including information, material, products and services on linked pages or available through them, is solely at your own risk. We shall not be liable for any direct, indirect, incidental or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:

1. the use or the inability to use the page;

2. the cost of procurement of substitute goods resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the page;

3. unauthorized access to or alteration of your transmissions or data;

4. statements or conduct of any third party on the page; or

5. any other matter relating to the page.

Your sole remedy for dissatisfaction with the Page and/or Page-related services is to stop using the Page and/or those services. You assume the entire cost of all necessary maintenance and other costs, which may result from your use of the Page and/or its services.

MEMBERSHIP

Members

Members as defined by these Terms are all registered users of the forum(s).

Registration

You must be at least 13 years of age to become a member. If you are under the age of 13, you may become a member with the consent of your parent or legal guardian. By becoming a member, you represent and warrant:

1. that you are at least 13 years of age or

2. that, as parent or guardian, you agree to these terms and our privacy policy and authorize your child who is under the age of 13 to use this page, subject to your responsibility for their conduct.

Registration Obligations

If you wish to become a Member or are already a Member, you agree to:

1. provide true, accurate, current and complete information about yourself as prompted by the registration process (such information being the "Registration Data") and

2. maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

Password and Security

You are responsible for maintaining the confidentiality of the password and your account and are fully responsible for all activities that occur under your password. You agree not to share your user name and password with anyone else; each user should have his or her own personal account and password. Unauthorized access through improper password use may result in termination of the password owner's account and perhaps legal action as well. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security. Also, please ensure that you exit from your account at the end of each session. We will not be liable to you or any third party for any loss or damage arising from your failure to comply with these Terms of Use.

User Names

We reserve the right to cancel any User Name in our sole discretion if it is offensive or violates any rule applicable to the Page.

Cancellation

We reserve the right to terminate any account and membership at any time, in our discretion, with or without notice to you, if you violate any of these Terms. Upon such termination, we may immediately deactivate or delete your account and all related information and files in such accounts and/or bar any further access to such account .

General Practices & Limits

You also acknowledge that www.xskull8.com may establish general practices and limits concerning the use of the Page, including without limitation, limiting the maximum number of days that email messages, message board postings or other uploaded content will be retained by the Page, the maximum number of email messages that may be sent from or received by an account on the Page, the maximum size of any email message that may be sent from or received by an account on the Page, the maximum disk space you may use, the maximum throughput of traffic from the Internet or associated service (e.g. email), and the maximum number of times (and the maximum duration for which) you may access the Page in a given period of time. You agree that www.xskull8.com has no responsibility or liability for the deletion, for failure to store or to deliver any messages and other communications, for the modification or malformation of data communications over the Page, or for other content maintained or transmitted by the Page. You acknowledge that www.xskull8.com reserves the right to log off accounts that are, or disconnect a session that is, inactive for an extended period of time.

MEMBER CONDUCT

User Content

We allow Members (as defined above) to make contributions to the Page ("User Content") through the forums, member profiles, and other means. By submitting any User Content to the Page, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, and for any purpose. Furthermore, you thereby waive any so-called moral rights or other similar rights in your User Content.

You agree not to submit or post any User Content that:

1. infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, rights of privacy and publicity,

2. is libelous, defamatory or slanderous, or is designed to or does harass, threaten, defame or abuse others,

3. condones, promotes, contains or links to warez, cracks, hacks or similar utilities or programs, or encourages any other illegal activity,

4. is pornographic or sexually explicit, or exploits minors in a sexual or violent manner,

5. does or may denigrate or offend any ethnic, racial, gender, religious or other protected group, through use of language, images, stereotypical depiction or otherwise,

6. is used to impersonate or claim the identity, characteristics or qualifications of any other person or entity; or falsely state or otherwise misrepresent your affiliation with a person or entity, or

7. is generally offensive or in bad taste.

You agree that all of your User Content, whether publicly posted or privately transmitted, is your sole responsibility. User Content does not necessarily reflect our views or opinions. We shall not be liable to you or any third party in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Page.

We generally do not pre-screen, pre-edit or otherwise control User Content and we do not assume responsibility to monitor the Page for inappropriate User Content. We do not warrant, expressly or impliedly, the accuracy, reliability or quality of User Content. By using the Page, you assume this risk. However, we reserve the right, but have no obligation:

1. to monitor interactions between you and other users of the Page;

2. to prevent you from submitting User Content that is inconsistent with our standards, stated above;

3. to edit, restrict or remove User Content for any reason at any time; and

4. to take any other action in good faith to restrict access to or the availability of any User Content that we, or another user, may consider to be inconsistent with the standards described above.

If you discover this kind of User Content on the Page, please notify us at support@xskull8.com. Should we monitor User Content, we still will assume no responsibility for any inappropriate User Content, or for the conduct of any user who submits it, and/or to remove inappropriate User Content from the Page. If we prevent your User Content from being submitted, or edit, restrict, or remove it from the Page, you may not hold us accountable under any circumstances.

Prohibited Activities

You agree to respect the rights of others and exercise good judgment. Without limitation, you agree not to:

1. engage in unsolicited or unauthorized advertising or any other form of solicitation, including, without limitation, "pyramid schemes" or the distribution of promotional materials, "junk mail," "spam," or "chain letters,"

2. impersonate any person or entity or misrepresent your affiliation with a person or entity,

3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Page,

4. in any way disrupt the Page or servers or networks connected to the Page, or disobey any requirements, procedures, policies or regulations of networks connected to the Page, or expose the Page in any way to any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment,

5. violate any applicable local, state, national or international law, rules or regulations,

6. "stalk" or otherwise harass another person, or collect or store personal data about other users,

7. deeplink to any portion of the Page from anywhere not within this Page,

8. use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior express written permission,

9. display any of the Page in a frame (or any of our content via in-line links);

10. attempt to obtain any materials or information through any means intentionally not made available through the Page;

11. take any action that imposes an unreasonable or disproportionately large load on our infrastructure,

12. attempt to gain unauthorized access to any part of the Page including without limitation, other accounts, computer systems or networks connected to the Page, through hacking, password mining or any other means;

13. engage in any activity that interferes with any third party's ability to use or enjoy the Page,

14. solicit personal information from, harm or attempt to harm minors, in any way, or

15. assist any third party in engaging in any activity prohibited by these Terms.

Commercial Use

The Page is for personal, non-commercial use only. You agree not to use the Page for any commercial purpose, such as conducting sales of tickets, merchandise or services of any kind. Without limiting the foregoing, you may not resell or link to other pages for the purpose of selling tickets of any kind.

Privacy

We will have the right to collect, share and use your information in accordance with our Privacy Policy, which is incorporated by reference in these Terms.

MISCELLANEOUS

The Page is based in and operated from Slovenia. Information which you send to us by email or which we gather from you when you visit our web page is held and processed in Slovenia. These Terms shall inure to our benefit, and our successors, and assigns. These Terms contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. The invalidity of any of these Terms shall not affect the validity of any other of these Terms, all of which shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Page or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.

Translations

As a convenience to you, we have provided versions of these Terms in languages other than Slovene (each, a "Translation"). We have attempted to make the Translations accurate, but we cannot be responsible in the event of any errors, inaccuracies or discrepancies in the Translations. Accordingly, if there is any conflict in meaning between a Translation and these Terms, these Terms in the Slovene language shall govern and be given precedence. Furthermore, we do not provide any customer service in any language other than Slovene and English, and cannot take responsibility for any problems or issues that may arise as a result of this fact.

Breach

If you become aware of any activity that may constitute a breach of these Terms, please notify us at support@xskull8.com. We will investigate your claim and may then take any action that we, in our sole and exclusive discretion, deem appropriate.

PRIVACY POLICY

The Page www.xskull8.com ("we," "us") understands the concerns that our members and other visitors to our web page (the "Page") have about the collection, use, and disclosure of their Personal Information while online. Accordingly, we have established this Privacy Policy to make you aware of the information collection and sharing practices of the Page. This Privacy Policy only applies to transactions made and data gathered on the Page and does not apply to any other web page or offline point of contact between you and us. By visiting the Page, you are accepting the practices described in this Privacy Policy. Please review this Privacy Policy periodically as we may update it without notification.

Children's Privacy

This page is not intended for use by children under the age of 13.

Your IP Address

Like most websites, each time you visit the Page, we automatically collect your IP address and the web page from which you came. We use this information to administer and optimize the Page for you and to diagnose any problems with our Page. We use your IP address to help identify you and to gather broad demographic information about you.

Personal Information

In some cases, we will collect information from you that can be used to identify you personally, such as your name, address, phone number, email address, purchase history, and credit card number ("Personal Information"). You will know when we collect this information because in each instance you will submit it to us voluntarily.

Cookies

Like many web pages, the Page uses a software technology called "cookies" to collect non-personally identifiable information. Cookies contain information that we may place on your computer to help personalize your experience at the Page and to keep track of your user name and password so you do not have to re-enter them each time you visit the Page. We also use cookies to collect information about the pages that you visit at our Page in a given session of use. Except with respect to our e-commerce activities (e.g., on-line purchases), the non-personally identifiable information in cookies is never linked with personally identifiable information about you. If you wish to disable cookies, the "help" portion of the toolbar on most browsers will tell you how. However, if you set your browser to disable cookies, you may not be able to access certain areas on the Page.

Support for Our Visitors

Please send an email to support@skull8.com should you need help with a technical problem relating to this Page. To respond to your problem, we may ask you to provide your first name, your registered name and email address. We will use the information for no other purpose and it will be deleted as soon as the problem has been resolved.

Forwarding Web Pages

If we provide you with the opportunity to email a web page to another person, we may need to collect your email address and the email address of those to whom you send the page. We will use the email addresses collected this way for no other purpose except to send the web page, and the addresses will be deleted once the page has been sent.

When We Share Your Personal Information

Your Personal Information will sometimes be shared with our agents, representatives, contractors and service providers so they can provide support services such as authorization of credit card transactions or order fulfillment. We do not authorize these entities to use your information for any other purpose.

Any third party with whom we share your Personal Information is authorized to use your Personal Information in accordance with our arrangements with such third parties and in accordance with their own privacy policies, over which we have no control. Those who contact you will need to be instructed directly by you regarding your preferences for the use of your Personal Information by them.

How Financial Information Is Used (Including Credit Card Transactions)

Your financial information (including credit card transactions) is used to bill you for your purchase of products. When you make a purchase on the Page, your financial information (including credit card transactions) will be provided to the service providers and to third parties who are necessary to process your transactions. These third parties may include the credit card companies and banking institutions used to process the transaction. Any of these various third parties are authorized to use your financial information in accordance with our arrangements with such third parties and in accordance with their own privacy policies, over which we have no control.

How We Use Broad Demographic Information

We may use broad demographic information that may include data from your activity at the Page, but not Personal Information. For example, we use broad demographic information to tailor the Page to the interests of our visitors. We reserve the right to use such broad demographic information, without limitation or restriction, and without further notice to you, in our sole and absolute discretion.

Links to Third Parties

When we include links to other Internet pages, on this Page and in our newsletters and other communications, we do so solely as a convenience to our visitors. Operators of such linked pages may acquire Personal Information about you through registration procedures or other means and may use that information in accordance with their own privacy policies, over which we have no control. Your access and use of linked pages is solely at your own risk.

Our Security Precautions

Whenever we obtain your Personal Information, we take reasonable precautions to protect it from unauthorized access or disclosure, but we cannot act as insurers of the security of your Personal Information transmitted over the Internet. Accordingly, we assume no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond our reasonable control.

Warning About Online Disclosure of Information

If you are a member, you should note that when you complete your "Member Profile," this information can be viewed by other members. Accordingly, you should not provide any information in your Member Profile that you do not wish to share with third parties and you should have no privacy expectations with respect to the information contained within it.

You should be aware that if you voluntarily disclose information online in a publicly accessible area, such as in your member profile or a message board, that information may be collected and used by others. We do not control the actions of our visitors. If you disclose Personal Information in your member profile, message board, or any other publicly accessible place on the Internet, you do so at your own risk and should understand that your submitted information may be collected and used by others to send you unsolicited messages, advertisements, or for other purposes.

Please remember that protection of your privacy begins with you. You are solely responsible for maintaining the secrecy of any password you use to register, and you should always be careful and responsible whenever disclosing information online.

Opinions, Questions and Comments

If you send us your opinions, questions or comments, they may require personal information for a response. Please do not submit any unsolicited or unique creative ideas, drawings or other materials, which we cannot accept as a matter of policy.

Updating Your Personal Information and Opting Out

During the creation of your account on the Page, we will give you the opportunity to opt-out of the receipt of communications. We also give you the opportunity to opt-out and/or modify information you have provided to us at any time by logging on to the applicable section (for example, newsletter subscriptions or "my account") and selecting those portions of your personal information that you would like to update. Please note that when changing or deleting your information through your Member Profile, or otherwise opting-out of receipt of email communications will only apply for the future. We shall not be responsible for any past disclosures of data once available.

Questions and Comments About This Privacy Policy

If you have any questions or comments about this Privacy Policy, the practices of the Page, or your dealings with the Page, you can contact us at: Page admin - support@xskull8.com

(Last update: May 20, 2024)

Copyright © 2024. Xskull8. All rights reserved.

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